CELEX: 31986R3741
Language: en
Date: 1986-11-28 00:00:00
Title: Council Regulation (EEC) No 3741/86 of 28 November 1986 opening, allocating and providing for the administration of a Community tariff quota for certain plywoods of coniferous species, falling within heading No ex 44.15 of the Common Customs Tariff (1987)

13 . 12 . 86                              Official Journal of the European Communities                                  No L 353 / 7
                                          COUNCIL REGULATION (EEC) No 3741 / 86
                                                       of 28 November 1986
                    opening, allocating and providing for the administration of a Community tariff quota for
                    certain plywoods of coniferous species, falling within heading No ex 44.15 of the Common
                                                       Customs Tariff ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             their needs , the initial shares may be fixed as set out in
                                                                      Article 2 :
Having regard to the Treaty establishing the European                 Whereas Member States may use up their initial shares at
 Economic Community, and in particular Article 113                    different rates ; whereas , to provide for this eventuality and
 thereof,                                                             to avoid disruption of supplies , any Member State which
                                                                      has almost used up its initial share should draw an
                                                                       additional share from the reserve ; whereas, each time its
                                                                      additional share is almost used up , a Member State should
                                                                      draw an additional share , and so on as many times as the
 Having regard to the proposal from the Commission,                    reserve allows ; whereas the initial and additional shares
                                                                       should be valid until the end of the quota period; whereas
                                                                       this form of administration requires close collaboration
                                                                       between Member States and the Commission , which latter
                                                                       must, in particular be able to keep a record of the extent to
 Whereas the Community has undertaken to open an annual                which the quota has been used up and to inform the
 Community tariff quota of at least 600 000 m3 for certain             Member States accordingly ;
 plywoods of coniferous species, falling, within heading
 No ex 44.15 of the Common Customs Tariff; whereas ,
 under Protocol 11 to the 1972 Act of Accession , the
 Community is required to open each year autonomous nil
 duty Community tariff quotas for the same products, the               Whereas if, at a given date in the quota period , a
 volume thereof to be decided annually when it is                      considerable quantity of a Member State's initial share
 established that all possibilities of supply on the internal          remains unused , it is essential that that Member State
 market of the Community have been exhausted during the                should return a significant proportion to the reserve , so as
 period for which the quotas are open; whereas the                     to avoid a part of the quota remaining unused in one
 condition laid down by the said Protocol does not seem to             Member State when it could be used in others ;
 be met at the moment ; whereas , in these circumstances , it
 is appropriate to limit oneself in the first stage to the
 contractual volume of 600 000 m-?; whereas the fixing of
 the quota volume at this level does not exclude, moreover,
 recourse to the provisions of the abovementioned Protocol             Whereas , since the Kingdom of Belgium , the Kingdom of
  11 during the quota period; whereas, therefore, the tariff           the Netherlands and the Grand Duchy of Luxembourg are
 quota in question should be opened on 1 January 1987 and               united within and jointly represented by the Benelux
 allocated among Member States ;                                        Economic Union , any measure concerning the
                                                                        administration of the shares allocated to that economic
                                                                        union may be carried out by any one of its members,
  Whereas , to take more precise account of future trends in
  imports of the products concerned, the quota should be
  divided into two tranches , the first being allocated among
  the Member States , and the second held as a reserve to               HAS ADOPTED THIS REGULATION :
  cover the subsequent requirements of Member States which
  have exhausted their initial shares ;
                                                                                                   Article 1
  Whereas, in order to offer importers some degree of                   1 . From 1 January to 31 December 1987 , the Common
   security, the first tranche of the quota should be fixed at a        Customs Tariff duty on the following products shall be
   relatively high level , or about 98 % of its full amount;            suspended at the level and within the limit of a Community
   whereas, on the basis of Member States estimates for                 tariff quota as shown herewith :
 ---pagebreak---   No L 353 / 8                                Official Journal of the European Communities                                       13 . 12 . 86
                                       CCT                                                           Amount of       Rate of
                       Order
                        No
                                      heading                      Description    >                 tariff quota      duty
                                        No                                                              (m3)          (%)
                     09.0013         ex 44.15       Plywood of coniferous species , without
                                                    the addition of other substances :
                                                    — of a thickness greater than 8,5 mm ,
                                                        the faces of which are not further
                                                        prepared than the peeling process
                                                    — sanded , and of a thickness greater
                                                        than 18,5 mm                                 600 000           0
  Within the limits of this tariff quota , Spain and Portugal                 initial share , rounded up as necessary to the next whole
  shall apply duties calculated in accordance with the                        number .
  relevant provisions set out in the 1985 Act of Accession .
                                                                              2 . If, after its initial share has been exhausted , 90 % or
  2 . Imports of the products in question may not be charged                 more of the second share drawn by a Member State has
  against this tariff quota if they are already free of customs
                                                                             been used up , that Member State shall , in the manner and
  duties under other prefrential tariff arrangements .
                                                                             to the extent provided in paragraph 1 , draw a third share
                                                                             equal to 5 % of its initial share , rounded up as necessary to
                                                                             the next whole number .
                             Article 2
  1 . The tariff quota referred to in Article 1 ( 1 ) shall be               3 .- If, after its second share has been exhausted , 90 % or
 divided into two tranches .                                                 more of the third share drawn by a Member State has been
                                                                             used up , that Member State shall , in the manner and to the
 2. A first tranche of 590 000 m3 shall be allocated among                   extent provided in paragraph 1 , draw a fourth share equal
                                                                             to the third .
 certain Member States; these shares, which , subject to
 Article 5 , shall be valid until 31 December 1987 , shall be as
 follows :
                                                                            This procedure shall apply until the reserve is used up .
                                               (cubic metres)
        Benelux                                    152 695
                                                                            4 . By way of derogation from paragraphs 1 , 2 . and 3 ,
        Denmark                                      64 490
                                                                            Member States may draw lesser shares than those specified
        Germany                                      93 220
                                                                            therein if there are grounds for believing that those
        Greece                                            50
                                                                            specified may not be used in full . They shall inform the
        France                                       10  915
                                                                            Commission of their reasons for applying this paragraph .
        Ireland                                       8  850
        Italy                                        23  780
        United Kingdom                             236   000
                                                                                                           Article 4
 3 . The second tranche of 10 000 m3 shall constitute the
reserve .
                                                                            Additional shares drawn pursuant to Article 3 shall be valid
                                                                            until 31 December 1987 .
4. If an importer notifies an imminent importation of the
product in question in Spain or Portugal and requests the                                                  Article 5
benefit of the quota , the Member State concerned shall
inform      the    Commission       and    draw      an    amount
corresponding to these requirements to the extent that the                  Member States shall return to the reserve, not later than
available balance of the reserve permits this .                             1 October 1987 , the unused portions of their initial shares
                                                                           which , on 15 September 1987 , are in excess of 20 % of the
                                                                           initial amounts . They may return a greater portion if there
                                                                           are grounds for believing that such portion may not be used
                             Article 3                                     in full .
1 . If 90 % or more of a Member State's initial share as
fixed in Article 2 (2), or of that share minus any portion                 Member States shall notify the Commission , not later than
returned to the reserve where Article 5 has been applied has               1 October 1987 , of the total quantities of the products in
been used up , that Member State shall forthwith , by                      question imported up to 15 September 1987 and charged
notifying the Commission , draw a second share , to the                    against the Community quota and of any portion of their
extent that the reserve so permits , equal to 10 % of its                  initial shares returned to the reserve .
 ---pagebreak--- 13 . 12 . 86                              Official Journal of the European Communities                             No L 353 / 9
                           Article 6                                 3 . Member States shall charge imports of the products in
                                                                     question against their shares as and when the products are
The Commission shall keep an account of the shares                   entered with the customs authorities for free circulation .
opened by the Member States pursuant to Articles 2 and 3
and , as soon as it has been notified , shall inform each State
of the extent to which the reserve has been used up .                4 . The extent to which a Member State has used up its
                                                                     share shall be determined on the basis of imports charged
It shall inform the Member States, not later than 5 October          against that share in accordance with paragraph 3 .
1987 , of the amount still in reserve after amounts have
been returned thereto pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve                                   Article 8
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 shares .
                           Article 7
                                                                                              Article 9
1 . Member States shall take all appropriate measures to
ensure that additional shares drawn pursuant to Article 3            Member States and the Commission shall cooperate closely
are opened in such a way that imports may be charged                 to ensure that this Regulation is complied with.
without interruption against their aggregate shares of the
Community quota .
2 . Member States shall ensure that importers of the                                          Article 10
products in question have free access to the shares allocated
to them .                                                            This Regulation shall enter into force on 1 January 1987 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 28 November 1986 .
                                                                                         For the Council
                                                                                           The President
                                                                                          A. RUMBOLD