31986R4013

31 . 12 . 86 No L 374 / 21 Official Journal of the European Communities

COUNCIL REGULATION ( EEC) No 4013 / 86

of 16 December 1986 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 ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , question , such allocation should be in proportion to the requirements of the Member States , calculated by reference 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 thereof,

Whereas , in this case , however , neither Community nor national statistics are available and no reliable estimates of future imports can be made ; whereas in these Having regard to the proposal from the Commission , circumstances the quota volumes should be allocated in 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 Federal Republic of Yugoslavia ( J ) provides that tobacco of the 'Prilep' type , falling within subheading ex 24.01 B of Whereas , in order to take into account import trends for the Common Customs Tariff, originating in and coming the products concerned in the various Member States , the from Yugoslavia and specified in an Agreement in the form quota amount should be divided into two instalments , the of an exchange of letters of 11 July 1980 shall be imported first being shared among the Member States and the second into the Community at a rate of customs duty of 7 % with constituting a reserve to cover at a later date the a minimum amount of 13 ECU per 100 kilograms and a requirements of the Member States which have used up maximum of 45 ECU per 100 kilograms within the limits their initial quota shares ; whereas, in order to give of an annual Community tariff quota of 1 500 tonnes ; importers in each Member State a certain degree of whereas the tobacco must be accompanied by a certificate security , the first instalment of the Community quota of origin and authenticity ; whereas the tariff quota in should under the circumstances be fixed at 74 % of the question should be opened for 1987 ; quota volume ;

Whereas , since a Protocol as provided for in Articles 179 and 366 of the Act of Accession of Spain and Portugal does Whereas the Member States' initial shares may be used up not exist , the Community must take the measures referred at different times ; whereas , in order to take this fact into to in Articles 180 and 367 of that Act ; whereas the tariff account and avoid any break in continuity , any Member measure concerned will , therefore , apply to the State which has almost used up its initial quota share Community as constituted on 31 December 1985 ; should draw an additional share from the reserve; whereas this must be done by each Member State as and when each of its additional shares is almost used up , and repeated as many times as the reserve allows ; whereas the initial and Whereas it is in particular necessary to ensure for all additional shares must be valid until the end of the quota Community importers equal and uninterrupted access to period ; whereas this method of administration requires the abovementioned quota and uninterrupted application close cooperation between the Member States and the of the rate laid down for that quota to all imports of the Commission , and the latter must be in a position to products concerned into all Member States until the quota monitor the extent to which the quota volume has been has been used up ; whereas, having regard to the above used up and to inform the Member States thereof; principles , the Community nature of the quota can be respected by allocating the Community tariff quota among the Member States ; whereas in order to reflect as accurately as possible the true trend of the market in the products in Whereas if, at a given date in the quota period , a substantial quantity remains unused in any Member State , it is essential that that Member State should return a (') OJ No L 41 , 14 . 2 . 1983 , p. 2 . significant proportion to the reserve to prevent a part of

No L 374 / 22 Official Journal of the European Communities 31 . 12 . 86

any tariff quota from remaining unused in one Member HAS ADOPTED THIS REGULATION : State when it could be used in others ;

Whereas , since the Kingdom of Belgium , the Kingdom of Article 1 the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux 1 . From 1 January to 31 December 1987 , the Common Economic Union, any operation relating to the Tariff Customs duty in the Community , as constituted on administration of the quota shares allocated to that 31 December 1985 , on the following products , shall be economic union may be carried out by any of its suspended at the level and within the limits of a members . Community tariff quota as shown herewith :

Amount Order No CCT heading Tariff No Description of tariff ( tonnes ) quota duty

09.1505 ex 24.01 B 1 500 7 ad valorem Tobacco of the 'Prilep' type originating in and coming from Yugoslavia with a minimum amount of 13 ECU per 100 kilograms and a maximum of 45 ECU per 100 kilograms

2 . Such goods , when imported , shall be accompanied by a forthwith , by notifying the Commission , draw a second certificate of authenticity issued by the competent Yugoslav share equal to 15 % of its initial share , rounded up where authority , conforming with the model annexed to this necessary to the next unit . Regulation . 2 . If, after its initial share has been used up , 90 % or more of the second share drawn by a Member State has been used up , then that Member State shall , in accordance Article 2 with the conditions laid down in paragraph 1 , draw a third share equal to 7,5 % of its initial share . 1 . A first instalment amounting to 1 090 tonnes of the Community tariff quota referred to in Article 1 , shall be 3 . If, after its second share has been used up , 90 % or allocated among the Member States ; the shares which , more of the third share drawn by a Member State has been subject to Article 5 , shall be valid until 31 December 1987 , used up , that Member State shall , in accordance with the shall be as follows : conditions laid down in paragraph 1 , draw a fourth share (tonnes) equal to the third . Benelux 5 Denmark 5 This process shall continue until the reserve is used up . Germany 590 Greece 5 4 . By way of derogation from paragraphs 1 , 2 and 3 , a France 5 Member State may draw shares smaller than those fixed in Ireland 5 those paragraphs if there are grounds for believing that Italy 470 they might not be used up . It shall inform the Commission 5 of its reasons for applying this paragraph . United Kingdom

2 . The second instalment amounting to 410 tonnes shall constitute the reserve . Article 4

The additional shares drawn pursuant to Article 3 shall be valid until 31 December 1987 . Article 3

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 Article 5 portion returned to the reserve where Article 5 has been applied , has been used up , then , to the extent permitted by The Member States shall return to the reserve , not later the amount of the reserve , that Member State shall than 1 October 1987 , such unused portion of their initial

31 . 12 . 86 Official Journal of the European Communities No L 374 / 23

share as , on 15 September 1987 , is in excess of 20 % of the are opened in such a way that imports may be charged initial volume . They may return a larger quantity if there without interruption against their accumulated shares of are grounds for believing that this quantity may not be the tariff quota . used . 2 . The Member States shall ensure that importers of the The Member States shall notify the Commission , not later products in question have free access to the shares allocated than 1 October 1987 , of the total quantities of the products to them . in question imported up to 15 September 1987 and charged against the tariff quota and of any quantity of the initial 3 . The Member States shall charge the imports of the shares returned to the reserve . products concerned against their shares as and when the products are entered with customs authorities for free circulation . Article 6 4 . The extent to which a Member State has used up its The Commission shall keep an account of the shares share shall be determined on the basis of the imports opened by the Member States pursuant to Articles 2 and 3 charged in accordance with paragraph 3 . and , as soon as it is notified , shall inform each Member State of the extent to which the reserve has been used up . Article 8 It shall inform the Member States , not later than 5 October 1987 , of the amount in the reserve after quantities have At the Commission's request , the Member States shall been returned thereto pursuant to Article 5 . inform it of imports actually charged against their shares .

It shall ensure that the drawing which exhausts the reserve does not exceed the balance available and , to this end , shall Article 9 notify the amount of the balance to the Member State making the last drawing. The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with .

Article 7 Article 10 1 . The Member States shall take all measures necessary to ensure that additional shares drawn pursuant to Article 3 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 , 16 December 1986 .

For the Council The President

G. HOWE

ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO

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 8 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 TDC : 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 )