CELEX: 31990R3631
Language: en
Date: 1990-12-17 00:00:00
Title: Commission Regulation (EEC) No 3631/90 of 17 December 1990 fixing the quotas for 1991 applying to imports into Spain of milk and milk products from third countries

18 . 12. 90                              Official Journal of the European Communities                           No L 355/7
                                        COMMISSION REGULATION (EEC) No 3631/90
                                                      of 17 December 1990
                   fixing the quotas for 1991 applying to imports into Spain of milk and milk
                                                  products from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          on the tariff and statistical nomenclature and on the
                                                                     Common Customs Tariff and (EEC) No 2915/79 determi­
Having regard to the Treaty establishing the European                ning the groups of products and the special provisions for
Economic Community,                                                 calculating levies on milk and milk products 0 amended
                                                                    certain CN codes and as a result these amendments
Having regard to the Act of Accession of Spain and                  should be incorporated in this Regulation ;
Portugal,
                                                                    Whereas the measures provided for in this Regulation are
Having regard to Council Regulation (EEC) No 491 /86 of             in accordance with the opinion of the Management
25 February 1986 laying down rules for the application of            Committee for Milk and Milk Products,
quantitative resrictions on imports into Spain of certain
agricultural products from third countries ('), as last
amended by Regulation (EEC) No 3296/88 (2), and in
particular Article 3 (1 ) thereof,
                                                                    HAS ADOPTED THIS REGULATION :
Whereas, pursuant to Article 77 of the Act of Accession
of Spain and Portugal, Spain may, until 31 December
1995, apply quantitative restrictions on imports from                                        Article 1
third countries ; whereas the subject to the supplementary
trade mechanism in the case of milk and milk products ;
                                                                     1 . The quotas for 1991 for products specified in Annex
                                                                     I to Council Regulation (EEC) No 491 /86 imported into
Whereas Commission Regulation (EEC) No 609/86 (3), as               Spain from third countries shall be as follows :
amended by Regulation (EEC) No 222/88 (4), fixed the
initial quotas by volume for each product or group of               — CN codes 0401 , 0403 10 22, 0403 10 23, 0403 10 24,
milk products ; whereas, in accordance with the second                   0403 90 1 1 , 0403 90 1 3, 0403 90 1 9, 0403 9031 ,
and third subparagraphs of Article 1 (3) of Regulation                   0403 90 33, 0403 90 39, as well as 0403 90 51
(EEC) No 491 /86, is fixed the minimum annual rate of                    0403 90 53, 0403 90 59, other than concentrates,
increase in the quota taking into account either the                     0404 10 91 and 0404 90 : 435 tonnes,
patterns of trade for some third countries or the state of
                                                                    — CN code 0405 : 180 tonnes.
bilateral negotiations with other third countries. Whereas,
in view of the current situation, the import quantities for
some third countries should not be adjusted in accor­               2. The quotas for 1991 for products specified in Annex
dance with the rules applicable to imports into Spain               II to Council Regulation (EEC) No 491 /86 falling within
from the Community as constituted at 31 December                    CN codes ex 0406 with the exception, as regards imports
1985 ;                                                              from Switzerland of Emmentaler falling within CN code
                                                                    0406 90 13, Gruyere falling within CN code ex
Whereas, to ensure proper management of the quota, the              0406 90 15 are fixed at 3 918 tonnes.
applications for import licences should be subject to the
lodging of a security in accordance with Commission
Regulation (EEC) No 2220/85 of July 1985 laying down                                         Article 2
common detailed rules for the application of the system
of securities for agricultural products (*) ; as amended by
Regulation (EEC) No 3745/89 (6) ;                                    1.   The Spanish authorities shall issue import authoriza­
                                                                    tions so as to ensure a fair allocation of the available
                                                                    quantity between applicants.
Whereas provision should be made for Spain to commu­
nicate information to the Commission on the application
of the quota ;                                                      2. Applications for import authorizations shall be
                                                                    subject to the lodging of a security. The provisions of
Whereas Council Regulation (EEC) No 3116/90 of 15                   Regulation (EEC) No 2220/85 shall apply in respect of
October 1990 amending Regulations (EEC) No 2658/87                  the said security.
(')  OJ No   L 54, 1 . 3 . 1986, p. 25.                             The primary requirement, within the meaning of Article
0    OJ No   L 293, 27. 10 . 1988, p. 7.                            20 of the said Regulation, shall consist in the effective
(3) OJ  No   L 58, 1 . 3. 1986, p. 33.                              importation of the products.
0   OJ  No   L 28, 1 . 2. 1988 , p. 1 .
0   OJ  No   L 205, 3. 8 . 1985, p. 5.
(4 OJ No L 364, 14. 12. 1989, p. 54.                                0 OJ No L 303, 31 . 10 . 1990, p. 1 .
 ---pagebreak--- No L 355/8                             Official Journal of the European Communities                             18 . 12. 90
                          Article 3                              — the quantities covered by the import authorizations
                                                                     issued,
1 . The Spanish authorities shall communicate to the
Commission the measures which they adopt for the appli­          — the quantities imported.
cation of Article 2.
2.   They shall, for each of the products concerned,
                                                                                         Article 4
transmit, not later than the 1 5th of each month, the follo­
wing information on import authorizations issued in the
preceding month :                                                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, 17 December 1990 .
                                                                          For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission