Council Regulation (EEC) No 3918/92 of 28 December 1992 opening and providing for the administration of Community tariff quotas and ceilings for certain agricultural and industrial products and establishing a reduced variable component for certain processed agricultural products originating in Hungary, Poland and the territory of the former Czech and Slovak Federal Republic (CSFR) (1993)

COUNCIL REGULATION (EEC) N° 3918/92 of 28 December 1992 opening and  providing for the administration of Community tariff quotas and ceilings for certain agricultural  and industrial products and establishing a reduced variable component for certain processed  agricultural products originating in Hungary, Poland and the territory of the former Czech and  Slovak Federal Republic (CSFR) (1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof,
Having regard to the proposal from the Commission,
Whereas the European Agreements between the European Economic Community, the European Coal and  Steel Community and the European Atomic Energy Community, on the one hand, and the Republic of  Hungary, the Republic of Poland and the Czech and Slovak Federal Republik (CSFR), on the other  hand, were signed on 16 Decemer 1991; whereas, pending the entry into force of these Agreements,  the Community has concluded Interim Agreements (1) (2) (3) on trade and trade-related measures with  those countries, also signed on 16 December 1991 and implemented on 1 March 1992;
Whereas Articles 3 and 14 of the Interim Agreements stipulate that certain products originating in  the countries in question may attract a reduced or zero rate of duty on import into the Community,  within the limits of tariff quotas or ceilings; whereas, pursuant to the provisions annexed to  those Agreements, the volumes of the tariff quotas and ceilings, established when the Europe  Agreements were signed, must be increased, from the date on which the Interim Agreements enter into  force, by a percentage specific to each country and category of products;
Whereas, further, for imports of some processed agricultural products not covered by Annex II to  the Treaty, Article 13 and Protocol N° 3 of each of these Interim Agreements provide for the fixing  of reduced variable components in accordance with each Protocol of the Agreements in question,  within the limits of the quotas set or established in accordance with the Protocols concerned;  whereas such Protocols provide for an annual increment of the volume of the quotas during the first  five years of application;
Whereas it seems advisable, in the interests of clarity, to divide the products subject to tariff  ceilings and quotas into two groups, in Annexes I and II to this Regulation, one for industrial  products and one for agricultural products, specifying for each product the volume of its quota or  ceiling and the rate of customs duty applicable; whereas Annexes III, IV and V to this Regulation,  with their pertinent provisions, should group the processed agricultural products attracting a  reduced variable component and originating, respectively, in Hungary, Poland and the territory of  the former CSFR;
Whereas the decision for the opening of Community quotas should be taken by the Community, in the  execution of its international obligations, in the case of the products listed in Annexes I, II,  III, IV and V to this Regulation; whereas particular care should be taken to ensure that all  Community importers have equal and continuous access to those quotas and that the rates laid down  for the quotas are applied to all imports of the products in question into all Member States until  the quotas are exhausted; whereas, to ensure the efficiency of a common administration of these  quotas, there is no obstacle to authorizing the Member States to draw from the quota-volumes the  necessary quantities corresponding to actual imports; whereas, however, this method of  administration requires close cooperation between the Member States and the Commission and close  cooperation between the Member States and the Commission and the latter must in particular be able  to monitor the rate at which the quotas are used up and inform the Member States accordingly;
Whereas, in the case of the products listed in Annexes I and II to this Regulation which are  subject to Community tariff ceilings, Community surveillance may be achieved by means of an  administrative procedure based on charging imports of the products in question against the ceilings  at Community level as and when those products are entered with the customs authorities for free  circulation;
Whereas this administrative procedure requires close and particularly rapid cooperation between the  Member States and the Commission, and the latter must in particular be able to monitor quantities  charged against the ceilings and keep the Member States informed; whereas this cooperation has to  be particularly close, since the Commission must be able to take appropriate measures to  reintroduce customs duties once a ceiling is reached;
Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of  Luxembourg are united within, and jointly represented by, the Benelux Economic Union, any operation  concerning the administration of these tariff measures may be carried out by any one of its  members,