31985R3672

30 . 12 . 85 Official Journal of the European Communities No L 354 / 31

COUNCIL REGULATION ( EEC ) No 3672 / 85

of 20 December 1985

opening, allocating and providing for the administration of a Community tariff quota for certain plywoods of coniferous species, falling within heading No ex 44.15 of the Common Customs Tariff ( 1986 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , additional share is almost used up , a Member State should draw an additional share , and so on as many times as the reserve allows ; whereas the initial and additional shares Having regard to the Treaty establishing the European should be valid until the end of the quota period ; whereas Economic Community , and in particular Article 113 this form of administration requires close collaboration thereof, between Member States and the Commission , which latter must, in particular be able to keep a record of the extent to Having regard to the proposal from the Commission , which the quota has been used up and to inform the Member States accordingly ; Whereas the Community has undertaken to open an annual Community tariff quota of at least 600 000 m3 for certain Whereas if, at a given date in the quota period , a plywoods of coniferous species , falling within heading considerable quantity of a Member State's initial share No ex 44.15 of the Common Customs Tariff; whereas , remains unused , it is essential that that Member State under Protocol 11 to the Act of Accession (*), the should return a significant proportion to the reserve , so as Community is required to open each year autonomous nil to avoid a part of the quota remaining unused in one duty Community tariff quotas for the same products , the Member State when it could be used in others ; volume thereof to be decided annually when it is established that all possibilities of supply on the internal Whereas , since the Kingdom of Belgium , the Kingdom of market of the Community have been exhausted during the the Netherlands and the Grand Duchy of Luxembourg are period for which the quotas are open ; whereas the united within and jointly represented by the Benelux condition laid down by the said Protocol does not seem to Economic Union , any measure concerning the be met at the moment; whereas , in these circumstances, it administration of the shares allocated to that economic is appropriate to limit oneself in the first stage to the union may be carried out by any one of its members , contractual volume of 600 000 m3 ; whereas the fixing of the quota volume at this level does not exclude , moreover, recourse to the provisions of the abovementioned Protocol 11 during the quota period ; whereas therefore , the tariff HAS ADOPTED THIS REGULATION : quota in question should be opend on 1 January 1986 and allocated among Member States, taking into account Spain's and Portugal's participation as from 1 March 1986 ; Article 1 whereas this participation can initially be confined to the possible application of Article 2 (4 ); 1 . From 1 January to 31 December 1986 a Community Whereas , to take more precise account of future , trends in tariff quota of 600 000 m3 shall be opened for the imports of the products concerned , the quota should be following products falling within heading No ex 44.15 of the Common Customs Tariff: divided into two tranches , the first being allocated among the Member States of the Community of Ten held and the ( a ) plywood of coniferous species , without the addition of second held as a reserve to cover the subsequent other substances , of a thickness greater than 8,5 mm, requirements of Member States which have exhausted their the faces of which are not further prepared than the initial shares as well as those of the new Member States ; peeling process ; whereas , in order to offer importers some degree of security, the first tranche of the quota should be fixed at a (b ) plywood of coniferous species , without the addition of relatively high level , or about 98 % of its full amount ; other substances , sanded , and of a thickness greater whereas , on the basis of Member States estimates for than 18,5 mm . their needs , the initial shares may be fixed as set out in Article 2 ; 2 . Imports of the products in question may not be charged against this tariff quota if they are already free of customs Whereas Member States may use up their initial shares at duties under other preferential tariff arrangements . different rates ; whereas , to provide for this eventuality and to avoid disruption of supplies , any Member State which 3 . The Common Customs Tariff duty shall be totally has almost used up its initial share should draw an suspended within the limits of the above quota . additional share from the reserve ; whereas , each time its Within the limits of this tariff quota , Spain and Portugal shall apply duties calculated in accordance with the (») OJ No L 73 , 27 . 2 . 1972 , p. 170 . relevant provisions set out in the 1985 Act of Accession .

30 . 12 . 85 No L 354 / 32 Official Journal of the European Communities

Article 2 specified may not be used in full . They shall inform the Commission of their reasons for applying this paragraph . 1 . The tariff quota referred to in Article 1 ( 1 ) shall be divided into two tranches .

2 . A first tranche of 590 000 m3 shall be allocated among Article 4 the Member States of the Community of Ten ; these shares , which , subject to Article 5 , shall be valid until Additional shares drawn pursuant to Article 3 shall be valid 31 December 1986 shall be as follows : until 31 December 1986 .

(cubic metres) Benelux 152 695 Denmark 64 490 Article 5 93 220 Germany Greece 50 Member States shall return to the reserve , not later than France 10 915 1 October 1986 , the unused portions of their initial Ireland 8 850 shares which , on 15 September 1986 , are in excess of 20 % Italy 23 780 of the initial amounts . They may return a greater portion if 236 000 United Kingdom there are grounds for believing that such portion may not be used in full . 3 . The second tranche of 10 000 m3 shall constitute the reserve . Member States shall notify the Commission , not later than 1 October 1986 , of the total quantities of the products in question imported up to 15 September 1986 and charged 4 . If, from 1 March 1986 , an importer notifies an against the Community quota and of any portion of their imminent importation of the product in question in Spain initial shares returned to the reserve . or Portugal and requests the benefit of the quota , the Member State concerned shall inform the Commission and draw an amount corresponding to these requirements to the extent that the available balance of the reserve permits this . Article 6

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 has been notified , shall inform each 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 fixed in Article 2 ( 2 ), or of that share minus any portion It shall inform the Member States , not later than 5 October returned to the reserve where Article 5 has been applied has 1986 , of the amount still in reserve after amounts have been used up , that Member State shall forthwith , by been returned thereto pursuant to Article 5 . notifying the Commission , draw a second share , to the extent that the reserve so permits , equal to 10 % of its It shall ensure that the drawing which exhausts the reserve initial share, rounded up as necessary to the next whole does not exceed the balance available and , to this end , shall number . notify the amount of that balance to the Member State making the last drawing . 2 . If, after its initial share has been exhausted , 90 % or more of the second share drawn by a Member State has been used up , that Member State shall , in the manner and to the extent provided in paragraph 1 , draw a third share Article 7 equal to 5 % of its initial share , rounded up as necessary to the next whole number . 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged 3 . If, after its second share has been exhausted , 90 % or without interruption against their aggregate shares of the more of the third share drawn by a Member State has been Community quota . used up , that Member State shall , in the manner and to the extent provided in paragraph 1 , draw a fourth share equal to the third . 2 . Member States shall ensure that importers of the products in question have free access to the shares allocated This procedure shall apply until the reserve is used up . to them .

4 . By way of derogation from paragraphs 1 , 2 and 3 , 3 . Member States shall charge imports of the products in Member States may draw lesser shares than those specified question against their shares as and when the products are therein if there are grounds for believing that those entered with the customs authorities for free circulation .

30 . 12 . 85 Official Journal of the European Communities No L 354 / 33

4 . The extent to which a Member State has used up its Article 9 share shall be determined on the basis of imports charged against that share in accordance with paragraph 3 . Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .

Article 8 Article 10 At the Commission's request , Member States shall inform it of the imports actually charged against their shares . 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 , 20 December 1985 .

For the Council

The President

R. KRIEPS