CELEX: 31985R3388
Language: en
Date: 1985-11-18 00:00:00
Title: Council Regulation (EEC) No 3388/85 of 18 November 1985 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 (1986)

6 . 12 . 85                               Official journal of the European Communities                                 No L 327 / 9
                                          COUNCIL REGULATION ( EEC ) No 3388 / 85
                                                       of 18 November 1985
               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 ( 1986)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             to the statistics for imports from Yugoslavia over a
                                                                      representative reference period and also to the economic
                                                                      outlook for the quota period in question ;
Having regard to the Treaty establishing the European
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
                                                                      circumstances the quota volumes should be allocated in
Having regard to the proposal from the Commission ,                   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 on trade and trade                     Whereas , in order to take into account import trends for
cooperation ( J ) provides that tobacco of the 'Prilep' type ,        the products concerned in the various Member States , the
falling within subheading ex 24.01 B of the Common                    quota amount should be divided into two instalments , the
Customs Tariff, originating in and coming from                        first being shared among the Member States and the second
Yugoslavia and specified in an Agreement in the form of an            constituting a reserve to cover at a later date the
exchange of letters of 11 July 1980 shall be imported into            requirements of the Member States which have used up
the Community at a rate of customs duty of 7 % with a                 their initial quota shares; whereas , in order to give
minimum amount of 13 ECU per 100 kilograms and a                      importers in each Member State a certain degree of
maximum of 45 ECU per 100 kilograms within the limits                 security , the first instalment of the Community quota
                                                                      should under the circumstances be fixed at 74 Vu of the
of an annual Community tariff quota of 1 500 tonnes ;
whereas the tobacco must be accompanied by a certificate              quota volume ;
of origin and authenticity ; whereas the tariff quota in
question should be opened for 1986 ;
                                                                      Whereas the Member States' initial shares may be used up
                                                                      at different times ; whereas , in order to take this fact into
Whereas , in the absence of a Protocol such as that provided          account and avoid any break in continuity , any Member
for in Articles 179 and 366 of the Act of Accession of Spain          State which has almost used up its initial quota share
 and Portugal , the Community must take the measures                  should draw an additional share from the reserve ; whereas
referred to in Articles 180 and 367 of the said Act ; whereas         this must be done by each Member State as and when each
the tariff measure in question therefore applies to the               of its additional shares is almost used up , and repeated as
Community of Ten :                                                    many times as the reserve allows ; whereas the initial and
                                                                      additional shares must be valid until the end of the quota
                                                                      period ; whereas this method of administration requires
Whereas it is in particular necessary to ensure for all               close cooperation between the Member States and the
Community importers equal and uninterrupted access to                 Commission , and the latter must be in a position to
the abovementioned quota and uninterrupted application                monitor the extent to which the quota volume has been
of the rate laid down for that quota to all imports of the            used up and to inform the Member States thereof;
products concerned into all Member States until the quota
has been used up ; whereas , having regard to the above
principles , the Community nature of the quota can be
                                                                      Whereas if, at a given date in the quota period , a
respected by allocating the Community tariff quota among
                                                                      substantial quantity remains unused in any Member State,
the Member States ; whereas in order to reflect as accurately         it is essential that that Member State should return a
as possible the true trend of the market in the products in
question , such allocation should be in proportion to the             significant proportion to the reserve to prevent a part of
requirements of the Member States , calculated by reference           any tariff quota from remaining unused in one Member
                                                                      State when it could be used in others ;
                                                                      Whereas , since the Kingdom of Belgium , the Kingdom of
( ! ) OJ No L 41 , 14 . 2 . 1983 , p. 1 .                             the Netherlands and the Grand Duchy of Luxembourg are
 ---pagebreak--- No L 327 / 10                              Official Journal of the European Communities                                   6 . 12 . 85
united within and jointly represented by the Benelux                  2 . If, after its initial share has been used up, 90 % or
Economic Union , any operation relating to the                        more of the second share drawn by a Member State has
administration of the quota shares allocated to that                  been used up , then that Member State shall , in accordance
economic union may be carried out by any of its                       with the conditions laid down in paragraph 1 , draw a third
members .                                                             share equal to 7,5 % of its initial share .
                                                                      3 . If, after its second share has been used up , 90 % or
HAS ADOPTED THIS REGULATION :                                         more of the third share drawn by a Member State has been
                                                                      used up , that Member State shall , in accordance with the
                                                                      conditions laid down in paragraph 1 , draw a fourth share
                                                                      equal to the third .
                            Article 1
                                                                      This process shall continue until the reserve is used up .
1 . From 1 January to 31 December 1986 a Community
tariff quota of 1 500 tonnes shall be opened in the
Community of Ten for tobacco of the 'Prilep' type , falling           4 . By way of derogation from paragraphs 1 , 2 and 3 , a
within subheading ex 24.01 B of the Common Customs                    Member State may draw shares smaller than those fixed in
Tariff, originating in and coming from Yugoslavia .                   those paragraphs if there are grounds for believing that
                                                                      they might not be used up . It shall inform the Commission
2 . Within the limits of this tariff quota the Common                 of its reasons for applying this paragraph .
Customs Tariff duty applicable to this product shall be
suspended at a rate of 7 % ad valorem with a minimum
amount of 13 ECU per 100 kilograms and a maximum of
45 ECU per 100 kilograms .
                                                                                                 Article 4
3 . Such goods , when imported , shall be accompanied by a
certificate of authenticity issued by the competent Yugoslav          The additional shares drawn pursuant to Article 3 shall be
authority , conforming with the model annexed to this                 valid until 31 December 1986 .
Regulation .
                            Article 2                                                            Article 5
1 . A first instalment amounting to 1 100 tonnes of the               The Member States shall return to the reserve , not later
Community tariff quota referred to in Article 1 , shall be            than 1 October 1986 , such unused portion of their initial
allocated among the Member States ; the shares which ,                share as , on 15 September 1986 , is in excess of 20 % of the
subject to Article 5 , shall be valid until 31 December 1986 ,        initial volume . They may return a larger quantity if there
shall be as follows :                                                 are grounds for believing that this quantity may not be
                                                                      used .
                                                      (tonnes )
        Benelux                                          5
        Denmark                                          5            The Member States shall notify the Commission , not later
        Germany                                       600             than 1 October 1986 , of the total quantities of the products
        Greece                                           5            in question imported up to 15 September 1986 and charged
        France                                           5            against the tariff quota and of any quantity of the initial
        Ireland                                          5            shares returned to the reserve .
        Italy                                         470
        United Kingdom                                   5
2 . The second instalment amounting to 400 tonnes shall
constitute the reserve .                                                                         Article 6
                                                                      The Commission shall keep an account of the shares
                                                                      opened by the Member States pursuant to Articles 2 and 3
                             Article 3                                and , as soon as it is notified , shall inform each Member
                                                                      State of the extent to which the reserve has been used up .
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         It shall inform the Member States , not later than 5 October
portion returned to the reserve where Article 5 has been               1986 , of the amount in the reserve after quantities have
applied , has been used up , then , to the extent permitted by        been returned thereto pursuant to Article 5 .
the amount of the reserve , that Member State shall
forthwith , by notifying the Commission , draw a second
share equal to 15 % of its initial share , rounded up where           It shall ensure that the drawing which exhausts the reserve
necessary to the next unit .                                          does not exceed the balance available and , to this end ,
 ---pagebreak--- 6 . 12 . 85                               Official Journal of the European Communities                            No L 327 / 11
 notify the amount of the balance to the Member State                4 . The extent to which a Member State has used up its
 making the last drawing .                                           share shall be determined on the basis of the imports
                                                                     charged in accordance with paragraph 3 .
                            Article 7
                                                                                               Article 8
 1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3            At the Commission's request , the Member States shall
are opened in such a way that imports may be charged                 inform it of imports actually charged against their shares .
without interruption against their accumulated shares of
the tariff quota .
                                                                                               Article 9
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated        The Member States and the Commission shall cooperate
to them .                                                            closely to ensure that this Regulation is complied with .
3 . The Member States shall charge the imports of the
products concerned against their shares as and when the                                       Article 10
products are entered with customs authorities for free
circulation .                                                        This Regulation shall enter into force on 1 January 1986 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels , 18 November 1985 .
                                                                                         For the Council
                                                                                          The President
                                                                                         M. FISCHBACH
 ---pagebreak---  ---pagebreak---                        BILAG - ANHANG - ΠΑΡΑΡΤΗΜΑ - ANNEX - ANNEXE - ALLEGATO - BIJLAGE
 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
B   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 TOC : 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)
 ---pagebreak---