CELEX: 31990R3611
Language: en
Date: 1990-12-11 00:00:00
Title: Council Regulation (EEC) No 3611/90 of 11 December 1990 opening and providing for the administration of an autonomous Community tariff quota for newsprint (1990) and extending this quota to include certain other types of paper

15. 12. 90                                   Official Journal of the European Communities                                  No L 351 / 5
                                           COUNCIL REGULATION (EEC) No 3611/90
                                                            of 11 December 1990
                    opening and providing for the administration of an autonomous Community
                    tariff quota for newsprint (1990) and extending this quota to include certain
                                                             other types of paper
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                      all imports until the quota is used up ; whereas it is
                                                                              appropriate to take the necessary measures to ensure
Having regard to the Treaty establishing the European                         efficient Community administration of this tariff quota
Economic Community, and in particular Article 28                              while offering the Member States the opportunity to draw
thereof,                                                                      from the quota volume the necessary quantities corre­
                                                                              sponding to actual imports ; whereas this method of
Having regard to the proposal from the Commission,                            administration requires close cooperation between the
                                                                              Member States and the Commission ;
Whereas by Regulation (EEC) No 3379/89 (>), the Council
                                                                              Whereas, since the Kingdom of Belgium, the Kingdom of
opened, for 1990, for newsprint a contractual Community
tariff quota, of which the initial amount of 650 000                          the Netherlands and the Grand Duchy of Luxembourg
tonnes was increased by 30 000 tonnes by Regulation                           are united within and jointly represented by the Benelux
(EEC) No 3230/90 (2) ; whereas, on the basis of the                           Economic Union, all transactions concerning the
economic data currently available, it is certain that the                     administration of this quota may be carried out by any
                                                                              one of its members,
total amount of this quota will not totally cover the needs
for imports from third countries until 31 December
1990 ; whereas, on that basis and taking account of the
supplementary possibilities offered by Community                              HAS ADOPTED THIS REGULATION :
production, the amount of the needs not covered by the
quota can be estimated at 50 000 tonnes ; whereas it is in
the Community's interest to provide for the duty-free                                                      Article 1
admission of this amount, by opening a new autonomous
tariff quota ;                                                                1.    With effect from 1 November 1990 and until 31
                                                                              December 1990, the customs duty applicable to imports
Whereas equal and continuous access to the quota should                       from third countries of the following products shall be
be ensured for all Community importers and the rate of                        suspended at the level indicated and within the limits of
levy for the tariff quota should be applied consistently to                   the Community tariff quota as shown below :
                                                                                                          Amount
      Order
                                                                                                         of quota       Rate of duty
       No
                      CN code                                 Description                                                   (%)
                                                                                                          (tonnes)
    09.2801         4801 00 10          Newsprint (')                                                     50 000             0
(') Entry under this subheading is subject to conditions determined by the relevant Community provisions.
2. Within the limit of this tariff quota the Kingdom of                       newsprint contained in additional note 1 to Chapter 48
Spain and the Portuguese Republic shall apply customs                         and falling within CN code 4801 00 90.
duties     calculated    in   accordance       with    the    relevant
provisions of the Act of Accession.
                                                                                                            Article 2
                                                                              The tariff quota referred to in Article 1 shall be
3. Imports of newsprint may not be charged against
this tariff quota if they are already free of customs duties                  administered by the Commission, which may take all
under other preferential tariff arrangements.                                 appropriate administrative measures in order to ensure
                                                                              effective administration thereof.
4. Member States may charge against this tariff quota                                                       Article 3
the other types of paper corresponding, except as regards
the criterion relating to watermarks, to the definition of                    If an importer presents, in a Member State, a declaration
                                                                              of entry into free circulation, including a request for
(') OJ No L 326, 11 . 11 . 1989, p. 1 .                                       preferential benefit for a product covered by this
P) OJ No L 310, 9. 11 . 1990, p. 5.                                           Regulation and if this declaration is accepted by the
 ---pagebreak--- No L 351 /6                         Official Journal of the European Communities                                 15 . 12. 90
customs authorities, the Member State concerned shall           to the quota for such time as the residual balance of the
inform the Commission and draw an amount corre­                 quota volume so permits.
sponding to its requirements from the quota amount.
The drawing requests, with indication of the date of            2. Member States shall take all appropriate measures to
acceptance of the said declarations, must be transmitted        make sure that the paper referred to in Article 1 fully
to the Commission without delay.                                meets the criteria for admission to this tariff quota.
The drawings are granted by the Commission by                   Where this is the case, the relevant Community
reference to the date of acceptance of the declarations of      procedures shall be applied in order to monitor use of the
entry into free circulation by the customs authorities of       paper for the prescribed specific purpose.
the Member State concerned to the extent that the
available balance so permits.
                                                                                         Article 5
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the quota              Member States and the Commission shall collaborate
amount. If the quantities requested are greater than the
available balance of the quota amount, allocation shall be      closely in order to ensure that this Regulation is complied
                                                                with.
made on a pro rata basis with respect to the requests.
Member States shall be informed by the Commission
thereof.
                                                                                         Article 6
                         Article 4
                                                                This Regulation shall enter into force on the day of its
1 . Each Member State shall ensure that importers of            publication in the Official Journal of the European
the products concerned have equal and continuous access         Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 11 December 1990.
                                                                            For the Council
                                                                             The President
                                                                           V. SACCOMANDI