CELEX: 51987PC0656
Language: en
Date: 1987-12-14
Title: Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for "Sljivovica" plum spirit falling within No ex 2208 90 33 of the Combined Nomenclature and originating in Yugoslavia (1988)#Proposal for a COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain types of tobacco falling within No ex 2401 10 60 or ex 2401 20 60 of the Combined Nomenclature and originating in Yugoslavia (1988)#(submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 656
Vol. 1987/0308
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13. März 2015 über die Sicherheitsvorschriften für den Schutz von EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(87 ) 656 final
                                            Brussels , 14 December 1987
                                    Proposal for a
                               COUNCIL REGULATION ( EEC )
         opening , allocating and providing for the administration of a
      Community tariff quota for " Sljivovica " plum spirit falling within
                No ex 2208 90 33 of the Combined Nomenclature and
                         originating in Yugoslavia ( 1988 )
                                    Proposal for a
                               COUNCIL REGULATION ( EEC )
         opening , allocating and providing for the administration of a
      Community tariff quota for certain types of tobacco falling within
                     No ex 2401 10 60 or ex 2401 20 60 of the
                     Combined Nomenclature and originating in
                                  Yugoslavia ( 1988 )
                           ( submitted by the Commission )
                                      19 20
   C0M(87 ) 656 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1 . Articles 21 and 23 of the Cooperation Agreement between the European
    Economic Community and the Socialist Federal Republic of Yugoslavia ,
    supplemented by the Protocol to that Agreement establishing new trade
    arrangements , provide for the opening of annual Community tariff quotas for
    the importation into the Community of :
    5 420 hectolitres of plum spirit marketed under the name of " Sljivovica "
    falling within No 2208 90 33 of the Combined Nomenclature at a duty of
    0.3 ECU per hectolitre per % degree of alcohol plus 3 ECU per hectolitre ;
    and
    1 500 tonnes of tobacco of the " Prilep" type falling within
    No ex 2401 10 60 or 2401 20 60 of the Combined Nomenclature at a duty of 7%
    ad valorem with a minimum amount levied of 13 ECU per 100 kilograms and a
    maximum of 45 ECU per 100 kilograms .
    " Tobacco of the 'Prilep' type originating in ■ Yugoslavia " is defined and a
    model for the certificate of authenticity to be issued by the Yugoslav
    authorities laid down in an exchange of letters dated 11 July 1980 .
    The customs duty levied under this tariff quota is being dismantled over
    the same periods and at the same rates as provided for in Articles 75 and
    243 of the Act of Accession of Spain and Portugal .
    Within the limits of these tariff quotas Spain and Portugal are to apply
    customs   duties   caculated   in   accordance  with  the   Protocol  to  the
    EEC-Yugoslavia Agreement consequent on the accession of Spain and Portugal .
    These tariff quotas should therefore be opened for the year 1988 .
 ---pagebreak---                                          2
2 . The proposed tariff arrangements take account        of the application from
    1 January 1988 of :
    - the Additional Protocol to the Cooperation Agreement between the European
      Economic Community and the Socialist Federal Republic of Yugoslavia
      establishing new trade arrangements ; and
    - the Combined Nomenclature based on the International      Convention on the
      Harmonized Commodity Description and Coding System .
    Should this not occur /   the Commission reserves the right to withdraw or
    amend its proposal during the procedure in order to adapt it as necessary .
3 . The proposals for Regulations opening these tariff quotas provide - as is
    customary in such cases - for each quota volume to be divided into two
    parts / the first being allocated among the. Member States as quota shares
    and the second being held as a reserve .
    Allocation of the initial shares of each , quota took account of the fact
    that there have been no imports or only occasional imports into certain
    Member States in recent years . Initial shares have therefore been allocated
    only to importing Member States ,   while other Member States are guaranteed
    access to the tariff quotas as and when imports are announced .
4 . As regards the method of administration to be applied by the Member States ,
    the Commission proposes the " as and when " system .
5 . That is the purpose o * the attached proposal .
 ---pagebreak---                                      Proposai for
                             COUNCIL REGULATION ( EEC ) "
opening , allocating and providing for the administration of a Community tariff
    quota for " Slivovica " plum spirit falling within No ex 2208 90 33 of the
           Combined Nomenclature and originating in Yugoslavia ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,     and
in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas Article 21 of the Cooperation Agreement between the* European Economic
Community and the Socialist Federal Republic of Yugoslavia , concerning trade
and   trade cooperation,
Agreement establishing
                              supplemented by the Additional Protocol to that
                           new trade arrangements , provides that plum spirit
under the name of " Sljivovica " falling within No ex 2208 90 33 of the Combined
Nomenclature and originating in Yugoslavia is to be imported into the
Community at a duty of 0.3 ECU per hectolitre per % degree of alcohol plus
3 ECU per hectolitre , within the limits of an annual Community tariff quota of
5 420 hectolitres ; whereas those products must be accompanied by a certificate
of authenticity; whereas the quota in question should be opened for 1988;
Whereas the customs duty levied under the above tariff quota is to be
dismantled over the same periods and at the same rates as provided for in
Articles 75 and 243 of the Act of Accession ;
Whereas , within the limits of the above tariff quota ,    Spain and Portugal are
to apply customs duties calcuated in accordance with the Protocol to |he
EEC-Yugoslavia Agreement consequent on the accession of Spain and Portugal ;
Whereas ,   from the date on which the said quota is to be opened ,            the
nomenclature in the Common Customs Tariff will be replaced by the Combined
Nomenclature based on the International Convention on the Harmonized Commodity
Description and Coding System ; whereas this Regulation must take account of
that fact by indicating the Combined Nomenclature codes and TARIC code numbers
of the products concerned ;
 ' 0J No L 41 , 14.2.1983 , p . 2 .
f OJ No L
3 0J No L
 ---pagebreak--- Whereas equal and continuous access to the quota should be ensured for all
Community importers and the rates laid down 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 ,
allocation of the Community tariff quota among certain Member States would
seem to preserve the Community nature of the quota ; whereas in order to
correspond as closely as possible to the real trend of the market for the
products in question the allocation should reflect the requirements of the
Member States based on statistics of imports of the said products from
Yugoslavia during a representative reference period and on the economic
outlook for the quota period in question ;
Whereas during the last three years for which statistics are available imports
into the Member States were as follows :
                                                                   ( hectolitres )
 !                                1             I                            I
 1        Member State            1    1984     I    1985            1986    I
 1                                I             I                            i
 1 Benelux                        I      39     I     71              20      I
 1 Denmark                        I        5    I     20.13            9      I
 1 Germany                        I   2 911     I  3 205             758      I
 1 Greece                         I        -    I                      -
                                                                              I
 1 Spain                          I    n.c .    I   n.c .              6      I
1  France                         I      35     I     38              36      I
1  Ireland                        I             I                      “
                                                                              I
1  Italy                          I             I                      -
                                                                              I
1  Portugal                       I    n.c .    I   n.c .              -
                                                                              I
1  United Kingdom                 I        3                          10     I
1                                 I             I                             I
Whereas during the last three years the products concerned were imported
regularly only by certain Member States and not at all or only occasionally by
the other Member States ; whereas , under these circumstances , in the first
phase , initial shares should be allocated only to the genuine importing Member
States and the other Member States should be 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 application of
the Combined Nomenclature ;
 ---pagebreak---                                       - 3 -
Whereas , to allow for the trend of imports of the products concerned in the
various Member States , the quota volume should be divided into two parts , the
first being allocated among certain Member States and the second held as a
reserve to cover any subsequent requirements of those Member States which have
used up their initial shares and any requirements which might arise in the
other Member States ; whereas , to afford importers in each Member State some
degree of certainty , an appropriate level for the first part of the Community
quota would , in the present circumstances , be 67% of the quota volume ;
Whereas the initial shares of the Member States may be used up at different
rates ; whereas , in order to avoid any break in 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 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 Commission and
the latter must be able to monitor the extent to which the quota volume has
been used up and inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of a
Member State 's initial share remains unused , it is essential that the Member
State concerned should return a significant proportion thereof to the
Community reserve in order to prevent part of the Community quota from
remaining unused in one Member State when it could be used in others ;
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 , any operation concerning the administration of the
quota shares allocated to that economic union may be carried out by any one of
its members ,
HAS ADOPTED THIS REGULATION :
                                    Article 1
1 . From 1 January to 31 December 1988 the customs duty applicable to imports
    into the Community of the following products shall be suspended at the
    level indicated and within the limits of a Community tariff quota as shown
    below :
 ---pagebreak---                                            - 4 -
   Serial No I    Combined         Description           I   Volume of     I Rate of    |
              I Nomenclature                             I tariff quota I       duty    I
              I      No                                  I ( hectolitres ) I            I
              I                                                            I            I
              I ex 2208 90 33    Plum , pear or cherry                     I 0.3 ECU    I
              I                  spirit ( excluding                        I per        I
              I                  liqueurs ) :                              | hectolitre |
   09.1503    I                  - Plum spirit           I     5 420       I per %      I
              I                    marketed under the                      I degree of |
              I                    name of Sljivovica ,                    I alcohol I
              I                    in containers                           I plus 3      I
              I                    holding two litres                      I ECU per |
              I                    or less                                 I hectolitre |
              I                                                            I             I
    Within the limits of this tariff quota Spain and Portugal shall apply
    customs duties calculated in accordance with the relevant provisions of the
    Protocol to the Cooperation Agreement between the European Economic
    Community and Yugoslavia consequent on the accession of Spain and Portugal .
2 . Imports of these    products must be accompanied by a certificate                 of
    authenticity issued by the competent Yugoslav authority and conforming with
    the model annexed to this Regulation .
                                        Article 2
1 . A first part of the Community tariff quota referred to in Article 1
    amounting to 3 630 hectolitres shall be allocated among certain Member
    States ; without prejudice to Article 5 , the quota shares shall be valid
    until 31 December 1988 and shall be as follows :
                           ( hectolitres )
    Benelux                       65
    Denmark                       15
    Germany                    3 530
    France                         5
    United Kingdom                 5
2 . The second part of the quota ,          amounting to 1 790 hectolitres ,       shall
    constitute the reserve .
3 . If an importer gives notification of imminent imports of the products
    concerned into the other Member States 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 available
    balance of the reserve so permits .
 ---pagebreak---                                      Article 3
1 . If a Member State has used 90% or more of its initial quota share as
    specified in Article 2(1 ), or of that share less any portion returned to
    the reserve pursuant to Article 5 , it shall forthwith , by notifying the
    Commission and to the extent that the reserve so permits , draw a second
    share equal to 15% of its initial share , rounded up where necessary to the
    next whole number .
2 . If , after its intial 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 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 .
3 . If , after its second share has been used up, a Member 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 .
    This process shall continue until the reserve is used up .
4 . By way of derogation from paragraphs 1 , 2 and 3, Member States may draw
    smaller shares than those specified in the said paragraphs if there is
    reason to believe that they might not be used in full . Member States shall
    inform the Commission of their reasons for applying this paragraph .
                                     Article 4
Each of the additional shares drawn pursuant to Article 3 shall be valid until
31 December 1988 .
                                     Article 5
By 1 October 1988 at the latest Member States must return to the reserve the
unused portion of their initial share which , on 15 September 1988, is in
excess of 20% of the initial volume .      They may return a greater portion if
there is reason to believe that it might not be used .
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 charged against the Community quotas and of any portion
of their initial share that they are returning to the reserve .
 ---pagebreak---                                       - 6 -
                                    Artide 6
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 reserve has been used up as soon as it has been notified .
It shall inform the Member States not later than 5 October 1988 of the state
of the reserve following any return of quota shares pursuant to Article 5 .
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 making the final drawing .
                                    Article 7
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 against   their accumulated share of the Community
    quota .
2 . Member States shall ensure that importers of the products concerned have
    free access to the quota shares allocated to them .
3 . Member States shall charge imports of the products concerned against their
    quota shares as and when the goods are entered with the customs authorities
    for free circulation .
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 8
At the request of the Commission , Member States shall inform it of imports of
the products concerned actually charged against their quota share .
                                    Article 9
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with .
                                   Article 10
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 ,
                                                             For the Council
                                                             The President
 ---pagebreak---                                                                      - 7 -
  ANEXO – BILAG – ANHANG – T1APAPTHMA – ANNEX – ANNEXE – ALLEGATO – BIJLAGE – ANEXO
1  Exporter (name, fuN addraaa, country)                                      2    No                              ORIGINAL
   Exportateur (nom, adressa complète , paya)
                                                                              3    Quota yaar                      4   Country al destination
                                                                                   Année eontlngentair»                Pays da destination
                                                                              β    tsaulng authority
S   ConalQnee (nama, fui sddree», oountry)                                         Organiamo émetteur
    Destinataáre (nom, adraaea complèta, paya)
                                                                               7
                                                                                           CERTIFICATE 0 F AUTHENTICITY
t   Place and data of shipment – Means of transport                                         CERTIFICAT D' AUTHENTICITÉ
    Ueu at data d'embarquement – Moyan da tranaport
                                                                                                 Plum apirit    ‘¿Πίνον^Α'
                                                                                          Eau-da-vie de prunas         «¿Ijivovic·»
                                                                               (CCT subheading ax 22 08 C IV a )
                                                                               [Sous-poeltlon du TDC : ax 22.09 CIV »))
9   Marte» and numborc – Numbar and Idnd of packages                                                               10 ébvolof        11  Utraa
    Marqua » atnuméroa – Nombre al nature des cous                                                                     atoohol           Utraa
                                                                                                                       «bvot
                                                                                                                       0*810001
12 a* vol ot alcohol and Utree ( In word»)
    *b vol d'alcool at Ntres (an lettres)
13 CERTIFICATS BY THE ISSUINQ AUTHORITY – VISA DE L' ORGANISME ÉMETTEUR
    I hereby cartlly that tha plum splrlt 'àl|‘vovlca' descrlbed In thi» certificat» correspond» wtth the définition glvan on the ravara».
    je certifie que reau-de-vle de pruna» - Sljlvovlca- décrite dans ce certificat correspond à la définition figurant au verso.
    Place                                                     Data
    Uau                                                       Data
                                                                                                       (Stemo and signature )
                                                                                                       ( Cachet et signature )
 ---pagebreak---                                        - 8 -
                                       DEFINITION
Plum spirit with an alcoholic strength of 40 % vol or more, marketed under the name
SUIVOVICA, corresponding to the specifications laid down in the Regulation
relating to the quality of spirituous beverages, published in the Official Journal of the
Socialist Federal Republic of Yugoslavia on 7 October 1971 .
                                       DÉFINITION
Eau - de- vie de prunes ayant un titre alcoométrique égal ou supérieur à 40 % vol ,
commercialisée sous la dénomination SUIVOVICA correspondant à la spécification
reprise dans la réglementation relative à la qualité des boissons alcooliques publiée au
Journal officiel de la république socialiste fédérative de Yougoslavie le 7 octobre 1971 .
 ---pagebreak---                                    Proposal for
                           COUNCIL REGULATION ( EEC )
opening , allocating and providing for the administration of a Community tariff
      quota for certain types of tobacco falling within No ex 2401 10 60 or
    ex 2401 20 60 of the Combined Nomenclature and originating in Yugoslavia
                                       ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,   and
in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas   the Cooperation Agreement between the European Economic Community and
the Socialist Federal Republic of Yugoslavia , concerning trade and trade
 cooperation, supplemented by the Additional Protocol to that Agreement
establishing new trade arrangements , provides that tobacco of the "Pri lep"
type falling within No ex 2401 10 60 or ex 2401 20 60 of the Combined
 Nomenclature , originating in and coming from Yugoslavia , 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 duty of 7% ad valorem with a minimum amount
 levied of 13 ECU per 100 kilograms and a maximum of 45 ECU per 100 kilograms ,
within the limits of an annual Community tariff quota of 1 500 tonnes ; whereas
 such tobacco must be accompanied by a certificate of origin and authenticity ;
whereas the tariff quota in question should be opened for 1988 ;
Whereas the customs duty levied under the above tariff quota is to be
dismantled over the same periods and at the same rates as provided for in
 Articles 75 and 243 of the Act of Accession ;
Whereas ,   within the limits of the above tariff quota , Spain and Portugal are
to   apply customs duties calcuated in accordance with the Protocol to £he
 EEC-Yugoslavia Agreement consequent on the accession of Spain and Portugal ;-3
Whereas , from the date on which the said quota is to be opened , the
nomenclature in the Common Customs Tariff will be replaced by the Combined
 Nomenclature based on the International Convention on the Harmonized Commodity
 Description and Coding System ; whereas this Regulation must take account of
that fact by indicating the Combined Nomenclature codes and TARIC code numbers
of the products concerned ;
1 0J No L 41 , 14.2.1983, p . 2 .
£ 0J No L
3 0J No L
 ---pagebreak---                                       - 2 -
Whereas equal and continuous access to the quota should be ensured for all
Community importers and the rates laid down 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 ,
allocation of the Community tariff quota among certain Member States would
seem to preserve the Community nature of the quota ; whereas in order to
correspond as closely as possible to the real trend of the market for the
products in question the allocation should reflect the requirements of the
Member States based on statistics of imports of the said products from
Yugoslavia during a representative reference period and on the economic
outlook for the quota period in question ;
Whereas during the last three years for which statistics are available imports
into the Member States were as follows :
                                                                   ( tonnes )
 1                                1             I             I               I
 1        Member State            1     1984    I    1985     I      1986     I
 1                                I             I             I               I
 1 Benelux                        I             I       -     I       70      I
 1 Denmark                        I             I             I        -
                                                                              I
 1 Germany                        I      534    I    138      I      269      I
 1 Greece                         I        -    I       “     I        -
                                                                              I
 1 Spain                          I    n.c.     I   n.c .     I      180      I
1  France                         I             I             I       30      I
1  Ireland                        I             I             I        -
                                                                              I
1  Italy                          I             I    850      I      664      I
1  Portugal                       I    n.c .    I   n.c .     I        -
                                                                              I
1  United Kingdom                                             I               I
1                                 I             I             I               I
Whereas during the last three years the products concerned were imported
regularly only by certain Member States and not at all or only occasionally by
the other Member States ; whereas , under these circumstances , in the first
phase , initial shares should be allocated only to the genuine importing Member
States and the other Member States should be 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 application of
the Combined Nomenclature ;
 ---pagebreak--- Whereas , to allow for the trend of imports of the products concerned in the
various Member States , the quota volume should be divided into two parts , the
first being allocated among certain Member States and the second held as a
reserve to cover any subsequent requirements of those Member States which have
Used up their initial shares and any requirements which might arise in the
other Member States ; whereas , to afford importers in each Member State some
degree of certainty , an appropriate level for the first part of the Community
quota would , in the present circumstances , be 67% of the quota volume ;
Whereas the initial shares of the Member States may be used up at different
rates ; whereas , in order to avoid any break in 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 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 Commission and
the latter must be able to monitor the extent to which the quota volume has
been used up and inform the Member States accordingly ;
Whereas if at a given date in the quota period a considerable quantity of a
Member State 's initial share remains unused , it is essential that the Member
State concerned should return a significant proportion thereof to the
Community reserve in order to prevent part of the Community quota from
remaining unused in one Member State when it could be used in others ;
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 , any operation concerning the administration of the
quota shares allocated to that economic union may be carried out by any one of
its members ,
HAS ADOPTED THIS REGULATION :
                                    Article 1
1 . From 1 January to 31 December 1988 the customs duty applicable to imports
    into the Community of the following products shall be suspended at the
    level indicated and within the limits of a Community tariff quota as shown
    below :
 ---pagebreak---  I Serial No I    Combined    |    Description           I  Volume of   I Rate of       I
              I Nomenclature |                           I tariff quota I duty          j
              I      No       I                          I   ( tonnes ) I               I
              I               I                          I              I               I
              !               I Unmanufactured           I              I               I
              I               I tobacco ; tobacco        I              I               I
              I               I refuse :                 I              |) 7% ad        I
              I               I -Tobacco , not stemmed / I              |) valorem j
              I               I stripped :               I              j ) with a      j
              I               I – Other :                I              |) minimum |
 109.1505     I ex 2401 10 60 1 - Sun-cured Oriental |)                 I ) amount |
              I               I      type tobacco :      j)             |) levied |
                              I      -" Pri lep " type   j)             |) of 13 j
                              I       tobacco            |)             |) ECU per |
              I               I - Tobacco , partly or    |)             j ) 100         j
              I                   wholly stemmed /       j)             j ) ki lograms |
                              I stripped :               |)             j ) and a |
                              I – Other :                j)             j ) maximum |
              I               I - Sun-cured Oriental     |)    1 500    I ) of 45 j
              I ex 2401 20 60 1      type tobacco :      |)             |) ECU per |
                              I      -" Pri lep " type   |)             I ) loo          1
                              I       tobacco            |)              1 ) ki lograms |
                              I                          |)             j ) net          j
                              I originating in and       |)             j ) weight       |
                                 coming from Yugoslavia j )             D                1
                              I                          I              1                1
    Within the Limits of this tariff quota Spain and Portugal shall apply
    customs duties calculated in accordance with the relevant provisions of the
    Protocol to the Cooperation Agreement between the European Economic
    Community and Yugoslavia consequent on the accession of Spain and Portugal .
2 . Imports of these products must be accompanied by a certificate                    of
    authenticity issued by the competent Yugoslav authority and conforming with
    the model annexed to this Regulation .
                                         Article 2
1 . A first part of the Community tariff quota referred to in Article 1
    amounting to 1 000 tonnes shall be allocated among certain Member States ;
    without prejudice to Article 5 , the quota shares shall be valid until
    31 December 1988 and shall be as follows :
                              ( tonnes )
    Benelux                       25
    Germany                      345
    Spain                         65
    France                        10
    Italy                        555
2 . The second part of the quota , amounting to 500 tonnes , shall constitute the
    reserve .
3 . If an importer gives notification of imminent imports of the products
    concerned into the other Member States 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 available
    balance of the reserve so permits .
 ---pagebreak---                                      Article 3
1 . If a Member State has used 90% or more of its initial quota share as
    specified in Article 2(1 ), or of that share less any portion returned to
    the reserve pursuant to Article 5 , it shall forthwith , by notifying the
    Commission and to the extent that the reserve so permits , draw a second
    share equal to 15% of its initial share , rounded up where necessary to the
    next whole number .
2 . If , after its intial 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 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 .
3 . If , after its second share has been used up , a Member 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 .
    This process shall continue until the reserve is used up .
4 . By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw
    smaller shares than those specified in the said paragraphs if there is
    reason to believe that they might not be used in full . Member States shall
    inform the Commission of their reasons for applying this paragraph .
                                     Article 4
Each of the additional shares drawn pursuant to Article 3 shall be valid until
31 December 1988 .
                                     Article 5
By 1 October 1988 at the latest Member States must return to the reserve the
unused portion of their initial share which , on 15 September 1988, is in
excess of 20% of the initial volume . They may return a greater portion if
there is reason to believe that it might not be used .
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 charged against the Community quotas and of any portion
of their initial share that they are returning to the reserve .
 ---pagebreak---                                     Artide 6
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 been used up as soon as it has been notified .
It shall inform the Member States not later than 5 October 1988 of the state
of the reserve following any return of quota shares pursuant to Article 5 .
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 making the final drawing .
                                    Article 7
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 against their accumulated share of the Community
    quota .
2 . Member States shall ensure that importers of the products concerned have
    free access to the quota shares allocated to them .
3 . Member States shall charge imports of the products concerned against their
    quota shares as and when the goods are entered with the customs authorities
    for free circulation .
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 8
At the request of the Commission , Member States shall inform it of imports of
the products concerned actually charged against their quota share .
                                    Article 9
The Member States and the Commission shall cooperate closely to ensure that
this Regulation is complied with .
                                   Article 10
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 ,
                                                             For the Council
                                                             The President
 ---pagebreak---  ANEXO – BILAO – ANHANO – I7APAPTHMA – ANNEX – ANNEXE – ALLEGA TO – B1JLAOE – ANEXO
1    Exporter ( name , full address , country)                                  2   No                             ORIGINAL
     Exportateur ( nom . adresse complète , paya)
                                                                                3   Quoto year                     4     Country of destination
                                                                                    Annóe contingentai ™                 Pays de destination
                                                                                6   Issuing authority
5 ' Consignee (neme , full address , country)                                       Organisme émetteur
     Destinataire ( nom , adresse complète , pays )
                                                                                          1
                                                                                7
                                                                                            CERTIFICATE OF AUTHENTICITY
                                                                                              CERTIFICAT D'AUTHENTICITÉ
0    Place and date of shipment – Means of transpon
     Lieu et date d' embarquement – Moyen de transport                                                Tobacco – Tabac
                                                                                                             ‘Prilep'
                                                                                    ( CCT aubheedlng ex 24.01 B )
                                                                                    (Sous-poaltlon du TDC : ex 24.01 B )
9    Marks and numbers – Number and kind of packaged                                                                                   10 Nat «valghi
     Marques at num6roe – Nombre el nature das colls                                                                                      ( ko) – -
                                                                                                                                          Poids net
                                                                                                                                          ( kg )
  11  Net weight ( kg ) ( in wrocds)
      Pokto net (kg ) (en lettres )
  12 CERTIFICATE BY THE ISSUING AUTHORITY – VISA DE L'ORGANISME EMETTEUR
      I haraby cartify that tha tobacco described in this cartiflcata Is ’Prllap' tobacco within tha meaning of the Agreement.
      Ja cartlfle qua la tabac dtcrlt dans ce certifies! est la tabac - Prilap- au sens da I'sccord.
      Plaça                                                     Data
      Lieu                                                      Data
                                                                                                         ( Stamp and signature )
                                                                                                         ( Cachet at signature )