CELEX: 31987R4104
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4104/87 of 22 December 1987 opening, allocating and providing for the administration of a Community tariff quota for rosin, obtained from wood, falling within code ex 3806 10 90 of the combined nomenclature (1988)

No L 383 / 30                              Official Journal of the European Communities                                    31 . 12 . 87
                                          COUNCIL REGULATION ( EEC ) No 4104 / 87
                                                         of 22 December 1987
               opening, allocating and providing for the administration of a Community tariff quota for rosin,
                 obtained from wood, falling within code ex 3806 10 90 of the combined nomenclature ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             of trade between Member States ; whereas , at the same time ,
                                                                      in order to accommodate specific Community rules this
Having regard to the Treaty establishing the European                 nomenclature has been expanded into an integrated tariff of
Economic Community , and in particular Article 28                     the European Communities ( TARIC ); whereas , from that
thereof,                                                              date , the combined nomenclature and , where appropriate ,
                                                                      the TARIC code numbers should be used for the description
Having regard to the proposal from the Commission ,                   of the products covered by this Regulation ;
Whereas production in the Community of rosin , obtained
from wood , falling within code ex 3806 10 90 of the                  Whereas equal and continuous access to the quota should be
combined nomenclature , is currently insufficient to meet the         ensured for all Community importers and the rate laid down
requirements of the processing industries in the Community ;          for the quota should be applied consistently to all imports of
whereas , consequently , Community supplies of products of            the products in question into the Member States until the
this type currently depend in part on imports from third              quota is exhausted ; whereas , in the light of these principles ,
countries ; whereas the most urgent Community                         allocation of the tariff quota among the Member States
requirements for the product in question should be met                would seem to preserve the Community nature of the quota ;
immediately on the most favourable terms , whereas a                  whereas in order to correspond as closely as possible to the
zero-duty Community tariff quota should therefore be                  real trend of the market for the products in question the
opened within the limits of an appropriate amount , whereas ,         allocation should reflect the requirements of the Member
in order not to jeopardize the balance of the market for this         States based on statistics of imports of the said products from
product and to ensure parallel development in outlets for             non-preferential third countries during a representative
Community production and satisfactory security of supplies            reference period and on the economic outlook for the quota
for user industries , the volume of the Community tariff quota        period in question ;
should be fixed at 6 000 tonnes , whereas , therefore , the tariff
quota in question should be opened on 1 January 1988 and
allocated among Member States ;                                       Whereas , on the basis of the currently available statistics ,
                                                                      imports into the Community of Ten in 1984 , 1985 and 1986
Whereas the Community has adopted , with effect from 1                of the product concerned , from third countries which do not
January 1988 , a combined nomenclature for goods which                qualify for an equivalent preferential tariff arrangement ,
meets the requirements of the Common Customs Tariff and               have developed as follows and represent the following
the external trade statistics of the Community and statistics         percentages of total imports into the Community :
                                                        1984                    1985                      1986
                         Member State
                                                tonnes           %      tonnes         %           tonnes         %
              Benelux                             889         35,95     5 514        77,86          303        20,81
              Denmark                              43           1,74         9        0,13             5        0,34
              Germany                                0         0            67        0,95          142          9,75
              Greece                                 1         0,04          0        0                0         0
              Spain                                 12         0,49         27        0,38            10        0,69
              France                                 0         0             6        0,08             2        0,14
              Ireland                                0         0             0        0                0        0
              Italy                                 18         0,73         38        0,54            17         1,17
              Portugal                               8         0,32         11        0,15             6        0,41
              United Kingdom                    1 502         60,73     1 410        19,91          971        66,69
                                                2 473                   7 082                     1 456
 ---pagebreak--- 31 . 12 . 87                                Official Journal of the European Communities                                    No L 383 / 31
Whereas in view of these factors and of market forecasts for               must be valid until the end of the quota periods ; whereas this
this product for 1988 , the initial percentage shares of the               form of administration requires close cooperation between
quota volume can be expressed approximately as follows :                   the Member States and the Commission and the latter must
                                                                           be able to monitor the extent to which the quota volume has
        Benelux                                      36,46
                                                                           been used up and inform the Member States accordingly;
        Denmark                                        2,08
        Germany                                        4,18                Whereas if at a given date in the quota period a considerable
        Greece                                         0,10                quantity of a Member State's initial share remains unused , it
        Spain                                          0,10                is essential that the Member State concerned should return a
        France                                       10,42                 significant proportion thereof to the corresponding reserve in
        Ireland                                        2,08                order to prevent part of the Community tariff quota from
        Italy                                          2,81                remaining unused in one Member State when it could be used
        Portugal                                       0,10                in others ;
        United Kingdom                               41,67
                                                                           Whereas since the Kingdom of Belgium , the Kingdom of the
Whereas , to allow for the trend of imports of the product                 Netherlands and the Grand Duchy of Luxembourg, are
concerned in the various Member States , the quota volume                  united within and jointly represented by the Benelux
                                                                           Economic Union , any operation concerning the
should be divided into two parts , the first being allocated
                                                                           administration of the quota shares allocated to that economic
among the Member States and the second held as a reserve to
                                                                           union may be carried out by any one of its members .
cover any subsequent requirements of Member States which
have used up their initial share ; whereas , to afford importers
in each Member State some degree of certainty , the first part
of the tariff quota should be set at a relatively high level ,
which in this case could be 80 % of the quota volume ;                     HAS ADOPTED THIS REGULATION :
Whereas the initial shares may be used up at different rates ;
whereas in order to avoid any break in the continuity of                                                Article 1
supplies on this account , it should be provided that any
Member State which has almost used up its initial share
should draw an additional share from the reserve ; whereas                  1.    From 1 January to 31 December 1988 the customs duty
each time its additional share is almost used up a Member                  applicable to imports of the following product shall be
State should draw a further share and so on as many times as               suspended at the level indicated and within the limits of a
the reserve allows ; whereas the initial and additional shares             Community tariff quota as shown below:
                                                                                                          Amount of
     Order No            CN code                                 Description                              tariff quota      Rate of duty
                                                                                                                                (% )
                                                                                                            ( tonnes )
09.2715              ex 3806 10 90          Rosin , obtained from wood                                        6 000              0
Within the limits of this tariff quota , Spain and Portugal shall          2.     The fist part , amounting to 4 800 tonnes , shall be
apply duties calculated in accordance with the relevant                    allocated among the Member States . The shares which ,
provisions laid down in the Act of Accession of Spain and                  subject to Article 5 , shall be valid until 31 December 1988 ,
Portugal .                                                                 shall be as follows :
                                                                                                                            (tonnes)
2.     Imports of the product in question may not be charged
against this tariff quota if they are already free of customs                     Benelux                                     1 750
duties under other preferential tariff arrangements .                             Denmark                                       100
                                                                                  Germany                                       200
                                                                                  Greece                                            2
                                                                                  Spain                                             5
                                                                                  France                                        500
                            Article 2
                                                                                  Ireland                                       103
                                                                                  Italy                                         135
1.     The tariff quota referred to in Article 1 ( 1 ) shall be                   Portugal                                          5
divided into two parts .                                                          United Kingdom                              2 000
 ---pagebreak---    No L 383 / 32                             Official Journal of the European Communities                                     31 .
  3.      The second part of the quota , amounting to 1 200                                          Article 6
  tonnes , shall constitute the reserve .
                                                                        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
                               Article 3                                been used up as soon as it has been notified .
  1.     If a Member State has used 90 % of its initial share as        It shall inform the Member States , not later than 5 October
  specified in Article 2 (2), or of that share less any portion         1988 , of the state of the reserve following any return of quota
  returned to the reserve pursuant to Article 5 , it shall              shares pursuant to Article 5 .
  forthwith , by notifying the Commission and to the extent
  that the reserve so permits , draw a second share equal to 5 %        It shall ensure that the drawing which exhausts the reserve
  of its initial share, rounded up where necessary to the next          does not exceed the balance available , and to this end shall
 whole number .                                                         notify the amount of that balance to the Member State
                                                                        making the final drawing.
 2.      If, after its initial quota share has been used up , a
 Member State has used 90 % or more of its second share as
 well , it shall forthwith , using the procedure provided for in
 paragraph 1 , draw a third share equal to 2,5 % of the initial                                      Article 7
 share , rounded up where necessary to the next whole
 number .
                                                                        1.     Member States shall take all appropriate measures to
                                                                       ensure that additional drawings of shares pursuant to
 3.      If, after its second share has been used up , a Member        Article 3 enable imports to be charged without interruption
 State has used 90 % or more of its third share, it shall , using       against their accumulated share of the Community tariff
 the procedure provided for in paragraph 2 , draw a fourth              quota .
 share equal to the third .
                                                                       2.     Member States shall ensure that importers or the
 This process shall continue until the reserve is used up .            products concerned have free access to the quota shares
                                                                       allocated to them .
 4.      By way of derogation from paragraphs 1 , 2 and 3 ,            3 . Member States shall charge imports of the products
 Member States may draw smaller shares than those specified            concerned against their shares as and when the goods are
 in the said paragraphs, if there is reason to believe that they       entered with the customs authorities for free circulation .
 might not be used in full . Member States shall inform the
 Commission of their reasons for applying this paragraph .
                                                                       4.     The extent to which a Member State has used up its
                                                                       shares shall be determined on the basis of the imports charged
                                                                       in accordance with paragraph 3 .
                               Article 4
 Additional shares drawn pursuant to Article 3 shall be valid                                        Article 8
until 31 December 1988 .
                                                                       At the request of the Commission , Member States shall
                                                                       inform it of imports actually charged against their quota
                                                                       shares .
                               Article 5
By 1 October 1988 at the latest , Member States must return                                          Article 9
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          The Member States and the Commission shall cooperate
to believe that it might not be used .                                 closely to ensure that this Regulation is complied with .
By 1 October 1988 at the latest, Member States must notify
the Commission of the total quantities of the products                                              Article 10
concerned imported on or before 15 September 1988 and
charged against the Community quota and of any portion of
their initial share that they are returning to the reserve .           This Regulation shall enter into force on 1 January 1988 .
 ---pagebreak--- 31 . 12 . 87                        Official Journal of the European Communities                    No L 383 / 33
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 22 December 1987 .
                                                                                 For the Council
                                                                                  The President
                                                                                  N. WILHJELM