CELEX: 51992PC0413
Language: en
Date: 1992-10-01
Title: Proposal for a COUNCIL REGULATION (CEE) opening and providing for the administration of Community tariff quotas for an agricultural and a chemical product (Fifth series 1992)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM(92) 413 final
                                       Brussels, 1 October 1992
                         Proposal for a
                   COUNCIL REGULATION (EEC)
  opening and providing for the administration of Community
   tariff quotas for an agricultural and a chemical product
                      (Fifth series 1992)
                 (presented by the Commission)
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                        EXPLANATORY MEMORANDUM
1. Subsequent to requests made by various Member States, the services of
   the Commission have examined, In conjunction with the Government
   experts concerned, the question of opening tariff quotas for two
   products for 1992.
2. Following this examination, which took place during the "Economic
   Tariff" group meetings, it has been determined that the opening of a
   tariff quotas for these products could have the agreement of the
   Member States without disturbing the market for such products:
   - Fungus of the species Auricular la polytricha   210 tonnes at 0%;
   - O-Cresol                                      6 000 tonnes at 0%
   This is the purpose of this proposal.
 ---pagebreak---                                                                                 Proposal for a
                                                                       COUNCIL REGULATION (EEC)
                                                                                                                                                   J
                                     opening and providing for the administration of Community
                                      tariff quotas for an agricultural and a chemical product
                                                                           (Fifth series 1992)
          THIs COUNCIL OF THE EUROPEAN COMMUNITIES,                                          Whereas, it is appropriate to take the necessary measures
                                                                                             to ensure efficient Community administration of these
                                                                                             tariff quotas while offering the Member States the oppor-
                                                                                             tunity to draw from the quota volumes the necessary
          Having regard to the Treaty establishing the European                              quantities corresponding to actual imports ; whereas this
          Economic Community, and in particular Article 28                                   method of administration requires close cooperation
          thereof,                                                                           between the Member States and the Commission and the
                                                                                             latter must in particular be able to monitor the rate at
                                                                                             which the quotas are used up and inform the Member
                                                                                             States accordingly ;
          Having regard to the proposal from the Commission,
                                                                                            Whereas, since the Kingdom of Belgium, the Kingdom of
                                                                                             the Netherlands and the Grand Duchy of Luxembourg
    .    Whereas production in the Community of certain                                      are united within and jointly represented by the Benelux
1 cultural       products will remain in the course of 199 2unable to                        Economic Union, all transactions concerning the admin-
         meet the specific requirements of the user industries in                           istration of the quantities drawn by that economic union
lineal   the Community ; whereas, consequently, Community                                   may be carried out by any one of its members,
         supplies of products of this type will depend to a consi-
         derable extent on imports from third countries ; whereas
         the most urgent Community requirements for the
         products in question should be met immediately on the
         most favourable terms ; whereas .Community tariff quotas
        at zero duty should therefore be opened within the limits
        of appropriate volumes for a period up to 31 December                               HAS ADOPTED THIS REGULATION
         199 2 taking account of the need not to disturb the
        markets for such products nor the starting out or develop-
        ment of Community production ;
                                                                                                                         Article I
        Whereas it is necessary, in particular, to ensure for all
        Community importers equal and uninterrupted access to                               1. From the date of entry into force of this Regulation
        the said quotas and to ensure the uninterrupted applica-                            until 31 December 199^, the duties applicable to imports
        tion of the rates laid down for the quotas to all imports of                        of the following products shall be suspended at the levels
        the products concerned into all Member States until the                             and up to the limits of the Community tariff quotas
        quotas have been used up ;                                                          shown below :
                                                                                                                                            Quota
               Order            C N code                                                                                         Quota
                                                                                Description                                                  duty
                No                                                                                                              volume
                                   »                                                                                                         (%)
        09.2849           cxOTIO SO £0 Lar fungus of the species Auricularia polytrichia                                         210 T       0
                                                   blanched, cut into strips of a width of 6 mm or
                                                  more but not more than 8mm and freeze-dried, for
                                                   the manufacture of prepared meals (<x)
        09.2851           ex2907 12 00             O-Cresol having a purity of not less than 98,5%                             6000 T       0
               (a) Un.,„>l ol the us, lor ,h,s speoal purpose shall be earned *  pursuant «o the relevant Community p r o v e s
            (f) Sri lain codes m the Annex.
 ---pagebreak---                                                                                                 y
2. Within the limits of these tariff quotas, the                 ties of the Member States concerned accepted the entries
Kingdom of Spain and the Portuguese Republic shall               for release for free circulation, to the extent that the
apply customs duties calculated in accordance with the           available balance so permits.
relevant provisions of the 1985 Act of Accession.
                                                                 If a Member State does not use a drawing in full, it shall
                                                                 return any unused portion to the corresponding quota
                          Article 2                              volume as soon as possible.
The tariff quotas referred to in Article 1 shall be managed      If the quantities requested are greater than the available
by the Commission, which may take any appropriate                balance of the quota volume, the balance shall be allo-
administrative measures to ensure that they are managed          cated among applicants pro rata. The Commission shall
efficiently.                                                     inform the Member States of the drawings made.
                                                                                           Article 4
                          Article 3
                                                                 Each Member State shall ensure that importers of the
Where an importer submits a product covered by this              products in question have equal and continuous access to
Regulation for release for free circulation in a Member          the quotas for as long as the balance of the relevant quota
State, applying to take advantage of the preferential            volume so permits.
arrangements, and the entry is accepted by the customs
authorities, the Member State concerned shall, by noti-                                    Article 5
fying the Commission, draw an amount corresponding to
its requirements from the appropriate quota volume.              Member States and the Commission shall cooperate
                                                                 closely to ensure that this Regulation is complied with.
Requests for drawings, indicating the date on which the
entries were accepted must be sent to the Commission                                       Article 6
without delay.
                                                                 This Regulation shall enter into force on the seventh day
Drawings shall be granted by the Commission in chrono-           following its publication in the Official Journal of the
logical order of the dates on which the customs authori-         European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                              For the Council
                                                                                The President
                                                       ANNEX
                                                     Taric codes
                                 Order No             CN codes             Taric codes
                             09.2849          bxOTIO 80 60                0710 80 6CKI0
                             09.2851          Lx2907 12 00                29Û7 12 00*10
 ---pagebreak---                                                                              vP
FINANCIAL RECORD
 1.    Budget line concerned : Chap. 12 Art. 120
2.     Legal basis : Art. 28 of the Treaty
       Title of the tariff measure concerned : Proposal for a Council
       Regulation opening and providing for the administration of autonomous
       Community tariff quotas for an agricultural product and a chemical
       product (Fifth series 1992)
       Oblect ive : To ensure an adequate supply under favourable conditions
       for Community user-industrles
       Method of calculation :
Descr ipt ion    Amount of    Price    Norma I  Quota duty   Duty-loss
                   quotas    ecu/unit    rate       (X)        (ecu)
                                        (X)
Fungus              210 T   18 000/T    18 X        0 X       680 400
0-Cresol          6 000 T      896/T     2,1%        OX       112 896
New tariff measures.
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                                                                      ISSN 0254-1475
                                                               COM(92) 413 final
                                                       DOCUMENTS
EN                                                                          02 03
                                 Catalogue number : CB-CO-92-430-EN-C
                                                             ISBN 92-77-47879-9
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