Council Regulation (EEC) No 2689/78 of 16 November 1978 on the opening, allocating and administration of a Community tariff quota for rosin, including 'brais résineux' falling within subheading 38.08 A of the Common Customs Tariff (1979)
Avis juridique important
Council Regulation (EEC) No 2689/78 of 16 November 1978 on the opening, allocating and administration of a Community tariff quota for rosin, including 'brais résineux' falling within subheading 38.08 A of the Common Customs Tariff (1979) Official Journal L 324 , 18/11/1978 P. 0001 - 0002
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COUNCIL REGULATION ( EEC ) NO 2689/78
OF 16 NOVEMBER 1978
ON THE OPENING , ALLOCATING AND ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR ROSIN , INCLUDING " BRAIS RESINEUX " FALLING WITHIN SUBHEADING 38.08 A OF THE COMMON CUSTOMS TARIFF ( 1979 )
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 DRAFT REGULATION SUBMITTED BY THE COMMISSION ,
WHEREAS THE PRODUCTION IN THE COMMUNITY OF ROSIN FALLING WITHIN SUBHEADING 38.08 A OF THE COMMON CUSTOMS TARIFF IS CURRENTLY INSUFFICIENT TO MEET THE REQUIREMENTS OF THE PROCESSING INDUSTRIES IN THE COMMUNITY ; WHEREAS , CONSEQUENTLY , COMMUNITY SUPPLIES OF PRODUCTS OF THIS TYPE CURRENTLY DEPEND TO A CONSIDERABLE EXTENT ON IMPORTS FROM THIRD COUNTRIES ;
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 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 ASSOCIATED WITH OR LINKED TO IT BY A PREFERENTIAL AGREEMENT DURING THE LAST YEAR FOR WHICH STATISTICS ARE AVAILABLE ; WHEREAS THE ABOVEMENTIONED DECISION IS APPLICABLE UNTIL 31 DECEMBER 1978 ; WHEREAS THE MOST URGENT COMMUNITY REQUIREMENTS FOR THE PRODUCTS 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 THE ABOVE AMOUNT , WITHOUT PREJUDICE TO ANY MEASURES TO BE ADOPTED FOLLOWING THE DECISION TO BE TAKEN WITHIN THE FRAMEWORK OF THE ASSOCIATION BETWEEN THE EEC AND GREECE ;
WHEREAS , IN 1977 , THE IMPORTS OF ROSIN FROM THIRD COUNTRIES NOT ASSOCIATED WITH OR LINKED TO THE COMMUNITY BY A PREFERENTIAL AGREEMENT WERE AS FOLLOWS :
* ( IN TONNES ) *
BENELUX*11 554*
DENMARK*155*
GERMANY*25 276*
FRANCE*3 937*
IRELAND*3 020*
ITALY*2 262*
UNITED KINGDOM*16 302*
TOTAL*62 506 ; *
WHEREAS 25 % OF THIS TOTAL REPRESENTS 15 627 TONNES ;
WHEREAS , IN VIEW OF THE NEGLIGIBLE SIZE OF SUCH A QUOTA IN COMPARISON WITH THE COMMUNITY'S REQUIREMENTS , A SYSTEM OF UTILIZATION SHOULD , WITHOUT DEROGATING FROM THE COMMUNITY NATURE OF THE TARIFF QUOTA , BE PROVIDED , BASED ON A SINGLE ALLOCATION BETWEEN THE MEMBER STATES ; WHEREAS THIS ALLOCATION SHOULD BE CALCULATED BY THE SAME METHOD AS IS USED TO ESTABLISH A TOTAL QUOTA OF 25 % OF THE IMPORTS OF EACH MEMBER STATE FROM THE SAME THIRD COUNTRIES ; WHEREAS , CALCULATED IN SUCH A MANNER , THIS ALLOCATION SHOULD BE AS SET OUT IN ARTICLE 2 ;
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 MEASURE CONCERNING THE ADMINISTRATION OF THE SHARES ALLOCATED TO THAT ECONOMIC UNION MAY BE CARRIED OUT BY ANY ONE OF ITS MEMBERS ,
HAS ADOPTED THIS REGULATION :
Article1¶
DURING THE PERIOD 1 JANUARY TO 31 DECEMBER 1979 THE COMMON CUSTOMS TARIFF DUTY FOR ROSIN INCLUDING " BRAIS RESINEUX " FALLING WITHIN SUBHEADING 38.08 A SHALL BE TOTALLY SUSPENDED WITHIN THE LIMITS OF A COMMUNITY TARIFF QUOTA OF 15 627 TONNES .
Article2¶
THE COMMUNITY TARIFF QUOTA REFERRED TO IN ARTICLE 1 SHALL BE ALLOCATED AS FOLLOWS AMONG THE MEMBER STATES :
* ( IN TONNES ) *
BENELUX*2 889*
DENMARK*39*
GERMANY*6 319*
FRANCE*984*
IRELAND*755*
ITALY*565*
UNITED KINGDOM*4 076 . *
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 TO THE SHARES ALLOCATED TO THEM .
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 .
Article4¶
AT THE COMMISSION'S REQUEST , MEMBER STATES SHALL INFORM IT OF THE IMPORTS ACTUALLY CHARGED AGAINST THEIR SHARES .
Article5¶
MEMBER STATES AND THE COMMISSION SHALL COOPERATE CLOSELY TO ENSURE THAT THIS REGULATION IS COMPLIED WITH .
Article6¶
THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1979 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 16 NOVEMBER 1978 .
FOR THE COUNCIL
THE PRESIDENT
A . HUBER