CELEX: 31986R4021
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4021/86 of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for rosin, including 'brais résineux' obtained from wood falling within subheading ex 38.08 A of the Common Customs Tariff (1987)

Official Journal of the European Communities                                 No L 375 / 13
31 . 12 . 86
                                           COUNCIL REGULATION ( EEC ) No 4021 / 86
                                                            of 16 December 1986
                    opening, allocating and providing for the administration of a Community tariff quota for rosin,
                    including 'brais resineux' obtained from wood falling within subheading ex 38.08 A of the
                                                    Common Customs Tariff ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               should be opened on 1 January 1987 and allocated among
                                                                        Member States ;
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 28                       Whereas it is in particular necessary to ensure for all
thereof,                                                                Community importers equal and uninterrupted access to the
                                                                        abovementioned quota and uninterrupted application of the
                                                                        rate laid down for that quota to all imports of the product
Having regard to the draft Regulation submitted by the                  concerned into all Member States until the quota has been
Commission ,                                                             used up; whereas, having regard to the above principles,
                                                                         the Community nature of the quota can be respected by
                                                                         allocating the Community tariff quota among the Member
Whereas production in the Community of rosin falling                     States ; whereas, in order to reflect as accurately as possible
within subheading ex 38.08 A of the Common Customs                       the true trend of the market in the product in question , such
 Tariff is currently insufficient to meet the requirements of            allocation should be in proportion to the requirements of the
 the processing industries in the Community; whereas ,                   Member States , calculated by reference to the statistics for
 consequently, Community supplies of products of this type               imports from non-preferential third countries over a
 currently depend in part on imports from third countries ;              representative reference period and also to the economic
 whereas the most urgent Community requirements for the                  outlook for the quota period in question ;
 product in question should be met immediately on the most
 favourable terms ; whereas a nil duty Community tariff quota
 should therefore be opened within the limits of an                      Whereas , on the basis of the statistics at present available ,
 appropriate amount; whereas, in order not to jeopardize the             imports into the Community of Ten in 1983 , 1984 and 1985
 balance of the market for this product and to ensure parallel           of the product concerned , coming from third countries which
 development in outlets for Community production and                     do not benefit from an equivalent preferential tariff
 satisfactory security of supplies for user industries , the             arrangement , have developed as follows and represent
 volume of the Community tariff quota should be fixed at                 the following percentages of total imports into the
 8 000 tonnes ; whereas , therefore , the tariff quota in question       Community:
                                                             1983                    1984                   1985
                          Member States
                                                     tonnes         %        tonnes        %         tonnes         %
                Benelux                              1 393        20,46         974       18,27      5 822        56,47
                Denmark                                 269        3,95          58        1,09          18         0,17
                Germany                              1 929        28,34      1 771        33,22         885         8,58
                Greece                                    0        0              3        0,06           2         0,02
                Spain                                    56        0,82          12        0,23          27         0,26
                France                                  814       11,96          31        0,58       1 370       13,29
                Ireland                                  16        0,24         161        3,02          36         0,35
                Italy                                   467        6,86         160        3,00         270         2,62
                Portugal                                   0       0               8       0,15          11         0,11
                United Kingdom                        1 863       27,37       2 153       40,38       1 869        18,13
                                                      6 807                   5 331
                                                                                        I            10 310
  Whereas , taking into account these figures and the                             Greece                                     0.02
  foreseeable development of the product concerned during                         Spain                                      0.42
  1987 the initial shares may be fixed approximately at the                       France                                     9.87
  following percentages :                                                         Ireland                                    0.95
                                                                                  Italy                                      4.00
          Benelux                                      36.48
          Denmark                                        1.54                     Portugal                                   0.08
          Germany                                      20.42                      United Kingdom                            26.22
 ---pagebreak--- No L 375 / 14                               Official Journal of the European Communities                                             31 , 12 . 86
Whereas , in order to take into account import trends for the               Whereas if, at a given date in the quota period , a substantial
product concerned in the various Member States , the quota                  quantity remains unused , it is essential that that Member
amount should be divided into two instalments , the first                   State should return a significant proportion to the reserve to
being shared among the Member States , and the second                       prevent a part of any tariff quota from remaining unused in
constituting a reserve to cover at a later date the requirements            one Member State when it could be used in others ;
of those Member States which have used up their initial quota
share ; whereas , in order to give importers in each Member                 Whereas , since the Kingdom of Belgium , the Kingdom of the
State a certain degree of security , the first instalment of the            Netherlands and the Grand Duchy of Luxembourg are united
Community quota might under the circumstances be fixed at                   within and jointly represented by the Benelux Economic
approximately 94% of the quota volume ;                                     Union , any measure concerning the administration of the
                                                                            quota shares allocated to that economic union may be carried
Whereas the Member States' initial shares may be used up at                 out by any of its members ,
different times ; whereas , in order to take this fact into
account and avoid any break in continuity , any Member
State which has almost used up its initial quota share should
draw an additional share from the reserve ; whereas this must               HAS ADOPTED THIS REGULATION :
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 additional
                                                                                                            Article 1
shares must be valid until the end of the quota period ;
whereas this method of administration requires close
cooperation between the Member States                    and the            From 1 January to            31 December 1987 , the Common
Commission , and the latter must be in a position to monitor                Customs Tariff duty           on the following products shall be
the extent to which the quota volume has been used up and to                suspended at the level       and within the limit of a Community
inform the Member States thereof;                                           tariff quota as shown        herewith :
                                                                                                                 Amount of           Rate of
                              CCT
      Order No                                                         Description                               tariff quota          duty
                           heading No                                                                             ( in tonnes )      ( in % )
      09.2715             ex 38.08 A           Rosin , including 'brais resineux':
                                               - obtained from wood                                                   8 000              0
Within the limits of this tariff quota , Spain and Portugal shall           3.     The second instalment of 400 tonnes shall constitute
apply duties calculated in accordance with the relevant                     the reserve .
provisions laid down in the Act of Accession of Spain and
Portugal .
                                                                                                            Article 3
2.     Imports of the product in question may not be charged
against this tariff quota if they are already free of customs
duties under other preferential tariff arrangements .                        1.     If 90 % or more of any Member State's initial share as
                                                                            specified in Article 2 ( 2 ), or 90% of that share minus the
                                                                            protion returned to the reserve where Article 5 has been
                             Article 2                                      applied , has been used up , then , to the extent permitted by
                                                                            the amount of the reserve , that Member State shall forthwith ,
 1.     The tariff quota referred to in Article 1 ( 1 ) shall be            by notifying the Commission , draw a second share equal to
divided into two instalments .                                              5% of its initial share , rounded up where necessary to the
                                                                            next unit .
2.      The first instalment , amounting to 7 600 tonnes , shall
be shared among the Member States . The shares which ,                       2.     If, after its initial share has been used up , 90 % or more
 subject to Article 5 , shall be valid until 31 December 1987 ,             of the second share drawn by a Member State has been used
 shall be as follows :
                                                                             up , then , to the extent permitted by the amount of the
                                                    (tonnes)                 reserve , that Member State shall , in accordance with the
        Benelux                                       2 772                  conditions laid down in paragraph 1 , draw a third share
         Denmark                                        117                  equal to 2,5% of its initial share .
         Germany                                      1 552
         Greece                                            2                 3.     If, after its second share has been used up , 90% or
         Spain                                            32                 more of the third share drawn by a Member State has been
         France                                         750                  used up , that Member State shall , in accordance with the
         Ireland                                          72                 conditions laid down in paragraph 1 , draw a fourth share
         Italy                                          304                  equal to the third .
         Portugal                                          6
         United Kingdom                               1 993                  This process shall continue until the reserve is used up .
 ---pagebreak--- 31 . 12 . 86                               Official Journal of the European Communities                                No L 375 / 15
4 . By way of derogation from paragraphs 1 , 2 and 3 , a              It shall ensure that the drawing which exhausts any reserve
Member State may draw shares smaller than those fixed in              does not exceed the balance available and, to this end , notify
those paragraphs if there is reason to believe that they might        the amount of that balance to the Member State making the
not be used up . It shall inform the Commission of its reasons        last drawing.
for applying this paragraph .
                                                                                                 Article 7
                               Article 4                              1.      The Member States shall take all measures necessary to
                                                                      ensure that additional shares drawn pursuant to Article 3 are
Additional shares drawn pursuant to Article 3 shall be valid
                                                                      opened in such a way that imports may be charged without
until 31 December 1987 .
                                                                      interruption against their accumulated shares of the tariff
                                                                      quota .
                                                                      2.      The Member States shall ensure that importers of the
                                                                      products in question have free access to the shares allocated
                               Article 5                              to them .
The Member States shall return to the reserve , not later than         3.     The Member States shall charge the imports of the
 1 October 1987 , the unused portion of their initial share           products concerned against their shares as and when the
which , on 15 September 1987 , is in excess of 20% of the              product is entered with customs authorities for free
initial volume . They may return a larger quantity if there are        circulation .
grounds for believing that this quantity may not be used .
                                                                       4.     The extent to which a Member State has used up its
                                                                       shares shall be determined on the basis of the imports charged
 The Member States- shall notify the Commission , not later            under the conditions set in paragraph 3 .
than 1 October 1987 , of the total quantities of the products
 in question imported up to 15 September 1987 and charged
 against the tariff quotas and of any quantity of the initial                                     Article 8
 shares returned to the reserve .
                                                                       At the Commission's request , the Member states shall inform
                                                                       it of imports actually charged against their shares .
                               Article 6
                                                                                                  Article 9
 The Commission shall keep an account of the shares opened
 by the Member States pursuant to Articles 2 and 3 and , as            The Member States and the Commission shall cooperate
 soon as it is notified , inform each Member State of the extent       closely to ensure that this Regulation is complied with .
 to which the reserves have been used up .
 It shall inform the Member States , not later than 5 October                                    Article 10
 1987 , of the amount in the reserve after quantities have been
 returned thereto pursuant to Article 5 .                              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