31985R3388

6 . 12 . 85 No L 327 / 9 Official journal of the European Communities

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 Whereas , in this case , however , neither Community nor thereof, 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 Whereas , in order to take into account import trends for Federal Republic of Yugoslavia on trade and trade the products concerned in the various Member States , the cooperation ( J ) provides that tobacco of the 'Prilep' type , quota amount should be divided into two instalments , the falling within subheading ex 24.01 B of the Common first being shared among the Member States and the second Customs Tariff, originating in and coming from constituting a reserve to cover at a later date the Yugoslavia and specified in an Agreement in the form of an requirements of the Member States which have used up exchange of letters of 11 July 1980 shall be imported into their initial quota shares ; whereas , in order to give the Community at a rate of customs duty of 7 % with a importers in each Member State a certain degree of minimum amount of 13 ECU per 100 kilograms and a security , the first instalment of the Community quota maximum of 45 ECU per 100 kilograms within the limits should under the circumstances be fixed at 74 Vu of the of an annual Community tariff quota of 1 500 tonnes ; quota volume ; whereas the tobacco must be accompanied by a certificate 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 close cooperation between the Member States and the Whereas it is in particular necessary to ensure for all Commission , and the latter must be in a position to Community importers equal and uninterrupted access to monitor the extent to which the quota volume has been the abovementioned quota and uninterrupted application used up and to inform the Member States thereof; of the rate laid down for that quota to all imports of the 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 significant proportion to the reserve to prevent a part of question , such allocation should be in proportion to the any tariff quota from remaining unused in one Member requirements of the Member States , calculated by reference 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

No L 327 / 10 6 . 12 . 85 Official Journal of the European Communities

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 .

Article2¶

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 Article 6 constitute the reserve .

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 ,

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

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 )