31977R2302

No L 269/4 Official Journal of the European Communities 21 . 10 . 77

COUNCIL REGULATION (EEC) No 2302/77 of 18 October 1977 on the opening, allocation and administration of a Community tariff quota for rosin, including 'brais resineux', falling within subheading 38.08 A of the Common Customs Tariff ( 1978 )

THE COUNCIL OF THE EUROPEAN Whereas, in view of the negligible size of such a quota COMMUNITIES, in comparison with the Community's requirements, a system of utilization should, without derogating from the Community nature of the tariff quota, be Having regard to the Treaty establishing the European provided, based on a single allocation between the Economic Community, and in particular Article 28 Member States ; whereas this allocation should be thereof, calculated by the same method as is used to establish a total quota of 25 % of the imports of each Member Having regard to the draft Regulation submitted by State from the same third countries ; whereas, calcu­ the Commission, lated in such a manner, this allocation should be as set out in Article 2 ; Whereas the production in the Community and in Greece of rosin falling within subheading 38.08 A of Whereas, since the Kingdom of Belgium, the the Common Customs Tariff is currently insufficient Kingdom of the Netherlands and the Grand Duchy of to meet the requirements of the processing industries Luxembourg are united within and jointly represented in the Community ; whereas, consequently, Commu­ by the Benelux Economic Union, any measure nity supplies of products of this type currently depend concerning the administration of the shares allocated to a considerable extent on imports from third coun­ to that economic union may be carried out by any tries ; one of its members,

Whereas, under Decision No 1 /75 of the Association Council on the application of paragraph 3 of Protocol 10 to the Agreement establishing an Association between the European Economic Community and HAS ADOPTED THIS REGULATION : Greece, the Community may open autonomous tariff quotas for rosin provided that, for the Community as a whole, the annual quotas do not exceed 25 % of the Community's imports from third countries not associ­ ated with or linked to it by a preferential agreement Article 1 during the last year for which statistics are available ; whereas the most urgent Community requirements for the products in question should be met immedi­ For the period 1 January to 31 December 1978 , the ately on the most favourable terms ; whereas a nil duty Common Customs Tariff duty for rosin, including Community tariff quota should therefore be opened 'brais resineux', falling within subheading 38.08 A within the limits of the above amount ; shall be totally suspended within the limits of a Community tariff quota of 21 013 tonnes.

Whereas, in 1976, the imports of rosin from third countries not associated with or linked to the Commu­ nity by a preferential agreement were as follows : Article 2 (tonnes) Benelux 15 961 Denmark 259 The Community tariff quota referred to in Article 1 Germany 26 443 shall be allocated as follows among the Member France 9 767 States : Ireland 214 (tonnes) Italy 10 206 Benelux 3 990 United Kingdom 21 199 Denmark 65 Germany 6611 Total 84 049 France 2 442 Ireland 54 Whereas 25 % of this total represents 21 013 tonnes ; 2 551 Italy United Kingdom 5 300

21 . 10 . 77 Official Journal of the European Communities No L 269/ 5

Article3¶

1 . Member States shall take all appropriate measures to ensure that importers of the product in question established in their territory have free access Member States and the Commission shall cooperate to the shares allocated to them . closely to ensure that this Regulation is complied with . 2. The extent to which a Member State has used up its share shall be determined on the basis of the imports of the product in question entered with the customs authorities for home use . Article 6 Article 4 At the Commission's request, Member States shall inform it of the imports actually charged against their This Regulation shall enter into force on 1 January shares . 1978 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Luxembourg, 18 October 1977.

For the Council The President H. SIMONET