CELEX: 31986R4013
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4013/86 of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for certain tobaccos falling within subheading ex 24.01 B of the Common Customs Tariff and originating in Yugoslavia (1987)

31 . 12 . 86                             Official Journal of the European Communities                                No L 374 / 21
                                         COUNCIL REGULATION ( EEC) No 4013 / 86
                                                       of 16 December 1986
               opening, allocating and providing for the administration of a Community tariff quota for certain
               tobaccos falling within subheading ex 24.01 B of the Common Customs Tariff and originating in
                                                         Yugoslavia ( 1987 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            question , such allocation should be in proportion to the
                                                                      requirements of the Member States , calculated by reference
                                                                      to the statistics for imports from Yugoslavia over a
                                                                      representative reference period and also to the economic
 Having regard to the Treaty establishing the European                outlook for the quota period in question ;
 Economic Community , and in particular Article 113
 thereof,
                                                                      Whereas , in this case , however, neither Community nor
                                                                      national statistics are available and no reliable estimates of
                                                                      future imports can be made ; whereas in these
 Having regard to the proposal from the Commission ,                  circumstances the quota volumes should be allocated in
                                                                      initial shares , taking into account demand for these
                                                                      products on the markets of the various Member States;
 Whereas Article 23 of the Cooperation Agreement between
 the European Economic Community and the Socialist
 Federal Republic of Yugoslavia ( J ) provides that tobacco of
the 'Prilep' type , falling within subheading ex 24.01 B of           Whereas , in order to take into account import trends for
the Common Customs Tariff, originating in and coming                  the products concerned in the various Member States , the
from Yugoslavia and specified in an Agreement in the form             quota amount should be divided into two instalments , the
of an exchange of letters of 11 July 1980 shall be imported           first being shared among the Member States and the second
into the Community at a rate of customs duty of 7 % with              constituting a reserve to cover at a later date the
a minimum amount of 13 ECU per 100 kilograms and a                    requirements   of the Member States which have used up
maximum of 45 ECU per 100 kilograms within the limits                 their initial  quota shares ; whereas, in order to give
of an annual Community tariff quota of 1 500 tonnes;                  importers in    each Member State a certain degree of
whereas the tobacco must be accompanied by a certificate              security , the  first instalment of the Community quota
of origin and authenticity; whereas the tariff quota in               should under the circumstances be fixed at 74 % of the
question should be opened for 1987 ;                                  quota volume ;
Whereas , since a Protocol as provided for in Articles 179
and 366 of the Act of Accession of Spain and Portugal does            Whereas the Member States' initial shares may be used up
not exist , the Community must take the measures referred             at different times ; whereas , in order to take this fact into
to in Articles 180 and 367 of that Act ; whereas the tariff           account and avoid any break in continuity, any Member
measure concerned will , therefore , apply to the                     State which has almost used up its initial quota share
Community as constituted on 31 December 1985 ;                        should draw an additional share from the reserve; whereas
                                                                      this must be done by each Member State as and when each
                                                                      of its additional shares is almost used up, and repeated as
                                                                      many times as the reserve allows ; whereas the initial and
Whereas it is in particular necessary to ensure for all               additional shares must be valid until the end of the quota
Community importers equal and uninterrupted access to                 period ; whereas this method of administration requires
the abovementioned quota and uninterrupted application               close cooperation between the Member States and the
of the rate laid down for that quota to all imports of the            Commission , and the latter must be in a position to
products concerned into all Member States until the quota            monitor the extent to which the quota volume has been
has been used up ; whereas, having regard to the above               used up and to inform the Member States thereof;
principles, the Community nature of the quota can be
respected by allocating the Community tariff quota among
the Member States; whereas in order to reflect as accurately
as possible the true trend of the market in the products in
                                                                      Whereas if, at a given date in the quota period , a
                                                                      substantial quantity remains unused in any Member State ,
                                                                      it is essential that that Member State should return a
(') OJ No L 41 , 14 . 2 . 1983 , p. 2 .                               significant proportion to the reserve to prevent a part of
 ---pagebreak---  No L 374 / 22                              Official Journal of the European Communities                                        31 . 12 . 86
 any tariff quota from remaining unused in one Member                      HAS ADOPTED THIS REGULATION :
State when it could be used in others ;
Whereas, since the Kingdom of Belgium , the Kingdom of                                                Article 1
the Netherlands and the Grand Duchy of Luxembourg are
united within and jointly represented by the Benelux                        1 . From 1 January to 31 December 1987 , the Common
Economic Union, any operation relating to the                               Tariff Customs duty in the Community , as constituted on
administration of the quota shares allocated to that                        31 December 1985 , on the following products , shall be
economic union may be carried out by any of its                            suspended at the level and within the limits of a
members .                                                                  Community tariff quota as shown herewith :
                                                                                                            Amount
    Order No          CCT heading                                                                                              Tariff
                          No                                        Description                             of tariff
                                                                                                            ( tonnes )
                                                                                                                            quota duty
    09.1505      ex 24.01 B               Tobacco of the 'Prilep' type originating in and coming from         1 500       7 ad valorem
                                          Yugoslavia                                                                          with a
                                                                                                                            minimum
                                                                                                                           amount of
                                                                                                                             13 ECU
                                                                                                                             per 100
                                                                                                                            kilograms
                                                                                                                        and a maximum
                                                                                                                         of 45 ECU per
                                                                                                                         100 kilograms
2 . Such goods, when imported , shall be accompanied by a                  forthwith , by notifying the Commission , draw a second
certificate of authenticity issued by the competent Yugoslav               share equal to 15 % of its initial share, rounded up where
authority , conforming with the model annexed to this                      necessary to the next unit .
Regulation .
                                                                           2. If, after its initial share has been used up , 90 % or
                                                                           more of the second share drawn by a Member State has
                             Article 2
                                                                           been used up , then that Member State shall , in accordance
                                                                           with the conditions laid down in paragraph 1 , draw a third
                                                                           share equal to 7,5 % of its initial share .
1 . A first instalment amounting to 1 090 tonnes of the
Community tariff quota referred to in Article 1 , shall be
allocated among the Member States ; the shares which ,
                                                                           3 . If, after its second share has been used up , 90 % or
                                                                           more of the third share drawn by a Member State has been
subject to Article 5 , shall be valid until 31 December 1987 ,
shall be as follows :
                                                                           used up , that Member State shall , in accordance with the
                                                                           conditions laid down in paragraph 1 , draw a fourth share
                                                      (tonnes)             equal to the third .
        Benelux                                          5
        Denmark                                          5                 This process shall continue until the reserve is used up .
        Germany                                       590
        Greece                                           5                 4 . By way of derogation from paragraphs 1 , 2 and 3 , a
        France                                           5                 Member State may draw shares smaller than those fixed in
        Ireland                                          5                 those paragraphs if there are grounds for believing that
        Italy                                         470                  they might not be used up . It shall inform the Commission
        United Kingdom                                   5                 of its reasons for applying this paragraph .
2 . The second instalment amounting to 410 tonnes shall
constitute the reserve .                                                                              Article 4
                                                                           The additional shares drawn pursuant to Article 3 shall be
                                                                           valid until 31 December 1987 .
                             Article 3
1 . If 90 % or more of a Member State's initial share as
specified in Article 2 ( 1 ), or 90 % of that share minus the                                         Article 5
portion returned to the reserve where Article 5 has been
applied , has been used up , then , to the extent permitted by             The Member States shall return to the reserve, not later
the amount of the reserve , that Member State shall                        than 1 October 1987 , such unused portion of their initial
 ---pagebreak--- 31 . 12 . 86                              Official Journal of the European Communities                              No L 374 / 23
share as , on 15 September 1987 , is in excess of 20 % of the        are opened in such a way that imports may be charged
initial volume . They may return a larger quantity if there          without interruption against their accumulated shares of
are grounds for believing that this quantity may not be              the tariff quota .
used .
                                                                     2 . The Member States shall ensure that importers of the
The Member States shall notify the Commission , not later            products in question have free access to the shares allocated
than 1 October 1987 , of the total quantities of the products        to them .
in question imported up to 15 September 1987 and charged
against the tariff quota and of any quantity of the initial          3 . The Member States shall charge the imports of the
shares returned to the reserve .                                     products concerned against their shares as and when the
                                                                     products are entered with customs authorities for free
                                                                     circulation .
                           Article 6
                                                                     4 . The extent to which a Member State has used up its
The Commission shall keep an account of the shares                   share shall be determined on the basis of the imports
opened by the Member States pursuant to Articles 2 and 3             charged in accordance with paragraph 3 .
and , as soon as it is notified , shall inform each Member
State of the extent to which the reserve has been used up .
                                                                                               Article 8
It shall inform the Member States , not later than 5 October
1987 , of the amount in the reserve after quantities have            At the Commission's request , the Member States shall
been returned thereto pursuant to Article 5 .                        inform it of imports actually charged against their shares .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available and , to this end , shall                                Article 9
notify the amount of the balance to the Member State
making the last drawing.                                             The Member States and the Commission shall cooperate
                                                                     closely to ensure that this Regulation is complied with .
                           Article 7
                                                                                              Article 10
1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3            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 , 16 December 1986 .
                                                                                          For the Council
                                                                                           The President
                                                                                             G. HOWE
 ---pagebreak---  ---pagebreak---   ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO
1   Exporter (name , full address , country)                                   2    No                               ORIGINAL
    Exportateur ( nom , adresse complète , pays)
                                                                               3    Quota year                       4   Country of destination
                                                                                    Année contingentaire                 Pays de destination
                                                                               6    Issuing authority
5   Consignee (name , full address , country)                                       Organisme émetteur
    Destinataire ( nom , adresse complète , pays)
                                                                               7
                                                                                            CERTIFICATE OF AUTHENTICITY
                                                                                             CERTIFICAT D'AUTHENTICITÉ
8   Place and date of shipment — Means of transport
    Lieu et date d'embarquement — Moyen de transport                                                  Tobacco — Tabac
                                                                                                             'Prllep'
                                                                                     (CCT subheading ex 24.01 B)
                                                                                     (Sous-position du TDC : ex 24.01 B)
9   Marks and numbers — Number and kind of packages                                                                                    10 Net weight
    Marques et numéros — Nombre et nature des colis                                                                                       (kg)
                                                                                                                                          Poids net
                                                                                                                                          (kg)
1 1 Net weight (kg) ( in words)
    Poids net ( kg) (en lettres)
 12 CERTIFICATE BY THE ISSUING AUTHORITY — VISA DE L'ORGANISME ÉMETTEUR
    I hereby certify that the tobacco described in this certificate is ' Prilep ' tobacco within the meaning of the Agreement .
    Je certifie que le tabac décrit dans ce certificat est le tabac - Prilep- au sens de l'accord.
    Place                                                     Date
    Lieu                                                      Date
                                                                                                         (Stamp and signature)
                                                                                                         (Cachet et signature)