COUNCIL REGULATION (EEC) No 3439/92  of 23 November 1992  opening and providing for the administration of Community tariff quotas for an agricultural and a chemical product (Fifth series 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas production in the Community of certain agricultural and chemical products will remain in the course of 1992 unable to meet the specific requirements of the user industries in the Community; whereas, consequently, Community supplies of products  of this type will depend to a considerable extent on imports from third countries; whereas the most urgent Community requirements for the products in question should be met immediately on the most favourable terms; whereas Community tariff quotas at  zero duty should therefore be opened within the limits of appropriate volumes for a period up to 31 December 1992 taking account of the need not to disturb the markets for such products not to the starting out or development of Community production;
Whereas it is necessary, in particular, to ensure for all Community importers equal and uninterrupted access to the said quotas and to ensure the uninterrupted application of the rates laid down for the quotas to all imports of the products concerned  into all Member States until the quotas have been used up;
Whereas, it is appropriate to take the necessary measures to ensure efficient Community administration of these tariff quotas while offering the Member States the opportunity to draw from the quota volumes the necessary quantities corresponding to  actual imports; whereas this method of administration requires 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, 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, all transactions concerning the administration of the quantities drawn by  that economic union may be carried out by any one of its members,
1. From the date of entry into force of this Regulation until 31 December 1992, the duties applicable to imports of the following products shall be suspended at the levels and up to the limits of the Community tariff quotas shown below:
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(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community provisions.
2. Within the limits of these tariff quotas, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions of the 1985 Act of Accession.
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take any appropriate administrative measures to ensure that they are managed efficiently.
Where an importer submits a product covered by this Regulation for release for free circulation in a Member State, applying to take advantage of the preferential arrangements, and the entry is accepted by the customs authorities, the Member  State concerned shall, by notifying the Commission, draw an amount corresponding to its requirements from the appropriate quota volume.
Requests for drawings, indicating the date on which the entries were accepted must be sent to the Commission without delay.
Drawings shall be granted by the Commission in chronological order of the dates on which the customs authorities of the Member States concerned accepted the entries for release for free circulation, to the extent that the available balance so permits.
If a Member State does not use a drawing in full, it shall return any unused portion to the corresponding quota volume as soon as possible.
If the quantities requested are greater that the available balance of the quota volume, the balance shall be allocated among applicants pro rata. The Commission shall inform the Member States of the drawings made.
Each Member State shall ensure that importers of the products in question have equal and continuous access to the quotas for as long as the balance of the relevant quota volume so permits.
Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States.