CELEX: 31990R3610
Language: en
Date: 1990-12-11 00:00:00
Title: Council Regulation (EEC) No 3610/90 of 11 December 1990 opening and providing for the administration of Community tariff quotas for certain agricultural, chemical and industrial products (1991)

No L 351 /2                                  Official Journal of the European Communities                                        15. 12. 90
                                          COUNCIL REGULATION (EEC) No 3610/90
                                                           of 11 December 1990
                    opening and providing for the administration of Community tariff quotas for
                                certain agricultural, chemical and industrial products ( 1991 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                       Whereas, it is appropriate to take the necessary measures
Having regard to the Treaty establishing the European                          to ensure efficient Community administration of these
Economic Community, and in particular Article 28                               tariff quotas while offering the Member States the oppor­
thereof,                                                                       tunity to draw from the quota volumes the necessary
                                                                               quantities corresponding to actual imports ; whereas this
Having regard to the proposal from the Commission,                             method of administration requires close cooperation
                                                                               between the Member States and the Commission and the
Whereas production in the Community of certain agricul­                        latter must in particular be to able to monitor the rate at
tural, chemical and industrial products will remain in the                     which the quotas are used up and inform the Member
course of 1991 unable to meet the specific requirements                        States accordingly ;
of the user industries in the Community ; whereas, conse­
quently, Community supplies of products of this type will                      Whereas, since the Kingdom of Belgium, the Kingdom of
depend to a considerable extent on imports from third                          the Netherlands and the Grand Duchy of Luxembourg
countries ; whereas the most urgent Community require­                         are united within and jointly represented by the Benelux
ments for the products in question should be met imme­                         Economic Union, all transactions concerning the admi­
diately on the most favourable terms ; whereas Commu­                          nistration of the quantities draw by that economic union
nity tariff quotas at reduced or at zero duty should there­                    may be carried out by any one of its members,
fore be opened within the limits of appropriate volumes
for a period up to 31 December 1991 taking account of
the need not to disturb the markets for such products nor                      HAS ADOPTED THIS REGULATION :
the starting out or development of Community produc­
tion ;
                                                                                                           Article 1
Whereas it is necessary, in particular, to ensure for all
Community importers equal and uninterrupted access to                          1.     From 1 January to 31 December 1991 , the customs
the said quotas and to ensure the uninterrupted applica­                       duties applicable to imports into the Community of the
tion of the rates laid down for the quotas to all imports of                   products listed below shall be suspended at the levels and
the products concerned into all Member States until the                        within the limits of the Community tariff quotas shown
quotas have been used up ;                                                     below :
                     CN code                                                                                      Amount of     Quota duty
    Order No                                                       Description
                         (a)                                                                                        quota          (%)
09.2713                              Sweet, clear-fleshed cherries, marinated in alcohol, of a diameter
                                     not exceeding 1 8,9 mm, stoned, intended for the manufacture of
                                     chocolate products (') :                                               '
                  ex 2008 60 19
                  ex 2008 60 39
                                     — With a sugar content exceeding 9 % by weight
                                     — With a sugar content not exceeding 9 % by weight                       12 000 tonnes    10 + AGR
                                                                                                                                    10
09.2707           ex 2933 90 90      2,2-methylene-bis [4-(l,l,3,3-tetra-methyl-buthyi)-6 (2H-benzo­
                                     triazol-2-yl)-phenol]                                                         40 tonnes         0
09.2727           ex 3902 90 00      Synthetic poly-alpha-olefin having a kinetic viscosity of not less
                                     than 38 x 10 ~~ 6 m2 s — 1 (38 centistokes) at 100 °C measured
                                     using the ASTM D 445 method, for the manufacture of lubrica­
                                     ting oil                                                                   4 000 tonnes         0
09.2741           ex 8104 11 00      Unwrought magnesium having a purity of hot less than 99,95 %
                                     in the form of ingots, intended for the manufacture of elements
                                     used in the nuclear industry (')                                           1 500 tonnes         0
09.2743           ex 3806 90 00      Extracts of wood rosin, insoluble in aliphatic hydrocarbures, with
                                     a content of resin acid not higher than 30 % in weight                     1 190 tonnes         0
09.2797           ex 8540 41 00      Magnetrons with a power output of less than 1 000 W, for the
                                     manufacture of microwave ovens (')                                       1 500 000 pieces       0
(a) See Taric codes in the Annex.
(') Checks on their prescribed end-use shall be carried out pursuant to the relevant Community provisions.
 ---pagebreak--- 15 . 12. 90                            Official Journal of the European Communities                               No L 351 /3
2. Within the limits of these tariff quotas the Kingdom          for release for free circulation, to the extent that the avai­
of Spain and the Portuguese Republic shall apply customs         lable balance so permits.
duties calculated in accordance with the relevant provi­
sions 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 3                                                         Article 4
Where an importer presents a product covered by this             Each Member State shall ensure that importers of the
Regulation for release for free circulation in a Member          products in question have equal and continuous access to
State, applying to take advantage of the preferential arran­     the quotas for as long as the balance of the relevant quota
gements, and the entry is accepted by the customs autho­         volume so permits.
rities, the Member State concerned shall, by notifying the
Commission, draw an amount corresponding to its requi­
rements from the appropriate quota volume.                                                  Article 5
Requests for drawings, indicating the date on which the          The Member States and the Commission shall cooperate
entries were accepted, must be sent to the Commission            closely to ensure that this Regulation is complied with.
without delay.
Drawings shall be granted by the Commission in chrono­                                      Article 6
logical order of the dates on which the customs authori­
ties of the Member States concerned accepted the entries         This Regulation shall enter into force on 1 January 1991 .
                 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
 ---pagebreak--- No L 351 /4 Official Journal of the European Communities   15. 12. 90
                                ANNEX
                              Taric codes
             Order No             CN code       Taric code
             09.2713           ex 2008 60 19       * 10
                               ex 2008 60 39       * 10
             09.2707           ex 2933 90 90       * 21
             09.2727           ex 3902 90 00       * 95
             09.2741           ex 8104 11 00       * 30
             09.2743           ex 3806 90 00       * 30
             09.2797           ex 8540 41 00       • 91