31986R3741

13 . 12 . 86 Official Journal of the European Communities No L 353 / 7

COUNCIL REGULATION ( EEC ) No 3741 / 86

of 28 November 1986 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 ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , their needs , the initial shares may be fixed as set out in Article 2 :

Having regard to the Treaty establishing the European Whereas Member States may use up their initial shares at Economic Community , and in particular Article 113 different rates ; whereas , to provide for this eventuality and thereof, to avoid disruption of supplies , any Member State which has almost used up its initial share should draw an additional share from the reserve ; whereas, each time its additional share is almost used up , a Member State should draw an additional share , and so on as many times as the Having regard to the proposal from the Commission , reserve allows ; whereas the initial and additional shares should be valid until the end of the quota period; whereas this form of administration requires close collaboration between Member States and the Commission , which latter must , in particular be able to keep a record of the extent to Whereas the Community has undertaken to open an annual which the quota has been used up and to inform the Community tariff quota of at least 600 000 m3 for certain Member States accordingly ; plywoods of coniferous species , falling, within heading No ex 44.15 of the Common Customs Tariff; whereas , under Protocol 11 to the 1972 Act of Accession , the Community is required to open each year autonomous nil duty Community tariff quotas for the same products , the Whereas if, at a given date in the quota period , a volume thereof to be decided annually when it is considerable quantity of a Member State's initial share established that all possibilities of supply on the internal remains unused , it is essential that that Member State market of the Community have been exhausted during the should return a significant proportion to the reserve , so as period for which the quotas are open ; whereas the to avoid a part of the quota remaining unused in one condition laid down by the said Protocol does not seem to Member State when it could be used in others ; be met at the moment ; whereas , in these circumstances , it is appropriate to limit oneself in the first stage to the contractual volume of 600 000 m-?; whereas the fixing of the quota volume at this level does not exclude , moreover, recourse to the provisions of the abovementioned Protocol Whereas , since the Kingdom of Belgium , the Kingdom of 11 during the quota period ; whereas , therefore, the tariff the Netherlands and the Grand Duchy of Luxembourg are quota in question should be opened on 1 January 1987 and united within and jointly represented by the Benelux allocated among Member States ; 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 ,

Whereas , to take more precise account of future trends in imports of the products concerned , the quota should be divided into two tranches , the first being allocated among the Member States , and the second held as a reserve to HAS ADOPTED THIS REGULATION : cover the subsequent requirements of Member States which have exhausted their initial shares ;

Article1¶

Whereas , in order to offer importers some degree of 1 . From 1 January to 31 December 1987 , the Common security , the first tranche of the quota should be fixed at a Customs Tariff duty on the following products shall be relatively high level , or about 98 % of its full amount ; suspended at the level and within the limit of a Community whereas , on the basis of Member States estimates for tariff quota as shown herewith :

No L 353 / 8 13 . 12 . 86 Official Journal of the European Communities

CCT Amount of Rate of Order No heading Description > tariff quota duty No (m 3 ) ( % )

09.0013 ex 44.15 Plywood of coniferous species , without the addition of other substances : — of a thickness greater than 8,5 mm , the faces of which are not further prepared than the peeling process — sanded , and of a thickness greater than 18,5 mm 600 000 0

Within the limits of this tariff quota , Spain and Portugal initial share , rounded up as necessary to the next whole shall apply duties calculated in accordance with the number . relevant provisions set out in the 1985 Act of Accession .

2 . If, after its initial share has been exhausted , 90 % or 2 . Imports of the products in question may not be charged more of the second share drawn by a Member State has against this tariff quota if they are already free of customs been used up , that Member State shall , in the manner and duties under other prefrential tariff arrangements . to the extent provided in paragraph 1 , draw a third share equal to 5 % of its initial share , rounded up as necessary to the next whole number . Article 2

1 . The tariff quota referred to in Article 1 ( 1 ) shall be 3 .- If, after its second share has been exhausted , 90 % or divided into two tranches . more of the third 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 fourth share equal 2 . A first tranche of 590 000 m3 shall be allocated among to the third . certain Member States ; these shares , which , subject to Article 5 , shall be valid until 31 December 1987 , shall be as follows : This procedure shall apply until the reserve is used up . (cubic metres) Benelux 152 695 4 . By way of derogation from paragraphs 1 , 2 . and 3 , Denmark 64 490 Member States may draw lesser shares than those specified Germany 93 220 therein if there are grounds for believing that those Greece 50 specified may not be used in full . They shall inform the France 10 915 Commission of their reasons for applying this paragraph . Ireland 8 850 Italy 23 780 United Kingdom 236 000 Article 4 3 . The second tranche of 10 000 m 3 shall constitute the Additional shares drawn pursuant to Article 3 shall be valid reserve . until 31 December 1987 .

4 . If an importer notifies an imminent importation of the product in question in Spain or Portugal and requests the Article 5 benefit of the quota , the Member State concerned shall inform the Commission and draw an amount Member States shall return to the reserve, not later than corresponding to these requirements to the extent that the 1 October 1987 , the unused portions of their initial shares available balance of the reserve permits this . which , on 15 September 1987 , are in excess of 20 % of the initial amounts . They may return a greater portion if there are grounds for believing that such portion may not be used Article 3 in full .

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 Member States shall notify the Commission , not later than returned to the reserve where Article 5 has been applied has 1 October 1987 , of the total quantities of the products in been used up , that Member State shall forthwith , by question imported up to 15 September 1987 and charged notifying the Commission , draw a second share , to the against the Community quota and of any portion of their extent that the reserve so permits , equal to 10 % of its initial shares returned to the reserve .

13 . 12 . 86 Official Journal of the European Communities No L 353 / 9

Article 6 3 . Member States shall charge imports of the products in question against their shares as and when the products are entered with the customs authorities for free circulation . The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and , as soon as it has been notified , shall inform each State of the extent to which the reserve has been used up . 4 . The extent to which a Member State has used up its share shall be determined on the basis of imports charged It shall inform the Member States , not later than 5 October against that share in accordance with paragraph 3 . 1987 , of the amount still in reserve after amounts have been returned thereto pursuant to Article 5 .

Article 8 It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and , to this end , shall notify the amount of that balance to the Member State At the Commission's request , Member States shall inform it making the last drawing. of the imports actually charged against their shares .

Article 7 Article 9 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant to Article 3 Member States and the Commission shall cooperate closely are opened in such a way that imports may be charged to ensure that this Regulation is complied with. without interruption against their aggregate shares of the Community quota .

2 . Member States shall ensure that importers of the Article 10 products in question have free access to the shares allocated to them . This Regulation shall enter into force on 1 January 1987 .

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

Done at Brussels , 28 November 1986 .

For the Council

The President

A. RUMBOLD