31986R4021

No L 375 / 13 31 . 12 . 86 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 4021 / 86 of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for rosin, including 'brais resineux' obtained from wood falling within subheading ex 38.08 A of the Common Customs Tariff ( 1987 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , should be opened on 1 January 1987 and allocated among Member States ;

Having regard to the Treaty establishing the European Whereas it is in particular necessary to ensure for all Economic Community , and in particular Article 28 thereof, Community importers equal and uninterrupted access to the abovementioned quota and uninterrupted application of the rate laid down for that quota to all imports of the product Having regard to the draft Regulation submitted by the concerned into all Member States until the quota has been Commission , used up; whereas , having regard to the above principles , the Community nature of the quota can be respected by allocating the Community tariff quota among the Member Whereas production in the Community of rosin falling States ; whereas, in order to reflect as accurately as possible within subheading ex 38.08 A of the Common Customs the true trend of the market in the product in question , such Tariff is currently insufficient to meet the requirements of allocation should be in proportion to the requirements of the the processing industries in the Community ; whereas , Member States , calculated by reference to the statistics for consequently , Community supplies of products of this type imports from non-preferential third countries over a currently depend in part on imports from third countries ; representative reference period and also to the economic whereas the most urgent Community requirements for the outlook for the quota period in question ; product 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 an Whereas , on the basis of the statistics at present available , appropriate amount; whereas , in order not to jeopardize the imports into the Community of Ten in 1983 , 1984 and 1985 balance of the market for this product and to ensure parallel of the product concerned , coming from third countries which development in outlets for Community production and do not benefit from an equivalent preferential tariff satisfactory security of supplies for user industries , the arrangement , have developed as follows and represent volume of the Community tariff quota should be fixed at the following percentages of total imports into the 8 000 tonnes ; whereas , therefore , the tariff quota in question Community :

1983 1984 1985 Member States tonnes % tonnes % tonnes %

Benelux 1 393 20,46 974 18,27 5 822 56,47 Denmark 269 3,95 58 1,09 18 0,17 1 929 28,34 1 771 33,22 885 8,58 Germany Greece 0 0 3 0,06 2 0,02 Spain 56 0,82 12 0,23 27 0,26 France 814 11,96 31 0,58 1 370 13,29 Ireland 16 0,24 161 3,02 36 0,35 Italy 467 6,86 160 3,00 270 2,62 0 0 8 0,15 11 0,11 Portugal United Kingdom 1 863 27,37 2 153 40,38 1 869 18,13

6 807 5 331 10 310 I

Greece 0.02 Whereas , taking into account these figures and the foreseeable development of the product concerned during Spain 0.42 1987 the initial shares may be fixed approximately at the France 9.87 following percentages : Ireland 0.95 Italy 4.00 Benelux 36.48 1.54 Portugal 0.08 Denmark 20.42 United Kingdom 26.22 Germany

No L 375 / 14 31 , 12 . 86 Official Journal of the European Communities

Whereas , in order to take into account import trends for the Whereas if, at a given date in the quota period , a substantial product concerned in the various Member States , the quota quantity remains unused , it is essential that that Member amount should be divided into two instalments , the first State should return a significant proportion to the reserve to being shared among the Member States , and the second prevent a part of any tariff quota from remaining unused in constituting a reserve to cover at a later date the requirements one Member State when it could be used in others ; of those Member States which have used up their initial quota share ; whereas , in order to give importers in each Member Whereas , since the Kingdom of Belgium , the Kingdom of the State a certain degree of security , the first instalment of the Netherlands and the Grand Duchy of Luxembourg are united Community quota might under the circumstances be fixed at within and jointly represented by the Benelux Economic approximately 94% of the quota volume ; Union , any measure concerning the administration of the quota shares allocated to that economic union may be carried Whereas the Member States' initial shares may be used up at out by any of its members , different times ; whereas , in order to take this fact into account and avoid any break in continuity , any Member State which has almost used up its initial quota share should draw an additional share from the reserve ; whereas this must HAS ADOPTED THIS REGULATION : 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 additional Article 1 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 From 1 January to 31 December 1987 , the Common Commission , and the latter must be in a position to monitor Customs Tariff duty on the following products shall be the extent to which the quota volume has been used up and to suspended at the level and within the limit of a Community inform the Member States thereof; tariff quota as shown herewith :

Amount of Rate of CCT Order No Description tariff quota duty heading No ( in % ) ( in tonnes )

09.2715 ex 38.08 A Rosin , including 'brais resineux': - obtained from wood 8 000 0

Within the limits of this tariff quota , Spain and Portugal shall 3 . The second instalment of 400 tonnes shall constitute apply duties calculated in accordance with the relevant the reserve . provisions laid down in the Act of Accession of Spain and Portugal . Article 3 2 . Imports of the product in question may not be charged against this tariff quota if they are already free of customs duties under other preferential tariff arrangements . 1 . If 90 % or more of any Member State's initial share as specified in Article 2 ( 2 ), or 90% of that share minus the protion returned to the reserve where Article 5 has been Article 2 applied , has been used up , then , to the extent permitted by the amount of the reserve , that Member State shall forthwith , 1 . The tariff quota referred to in Article 1 ( 1 ) shall be by notifying the Commission , draw a second share equal to divided into two instalments . 5% of its initial share , rounded up where necessary to the next unit . 2 . The first instalment , amounting to 7 600 tonnes , shall be shared among the Member States . The shares which , 2 . If, after its initial share has been used up , 90 % or more subject to Article 5 , shall be valid until 31 December 1987 , of the second share drawn by a Member State has been used shall be as follows : up , then , to the extent permitted by the amount of the (tonnes) reserve , that Member State shall , in accordance with the Benelux 2 772 conditions laid down in paragraph 1 , draw a third share Denmark 117 equal to 2,5% of its initial share . Germany 1 552 Greece 2 3 . If, after its second share has been used up , 90% or Spain 32 more of the third share drawn by a Member State has been France 750 used up , that Member State shall , in accordance with the Ireland 72 conditions laid down in paragraph 1 , draw a fourth share Italy 304 equal to the third . Portugal 6 United Kingdom 1 993 This process shall continue until the reserve is used up .

No L 375 / 15 31 . 12 . 86 Official Journal of the European Communities

4 . By way of derogation from paragraphs 1 , 2 and 3 , a It shall ensure that the drawing which exhausts any reserve does not exceed the balance available and, to this end , notify Member State may draw shares smaller than those fixed in the amount of that balance to the Member State making the those paragraphs if there is reason to believe that they might not be used up . It shall inform the Commission of its reasons last drawing . for applying this paragraph .

Article7¶

Article 4 1 . The Member States shall take all measures necessary to ensure that additional shares drawn pursuant to Article 3 are opened in such a way that imports may be charged without Additional shares drawn pursuant to Article 3 shall be valid interruption against their accumulated shares of the tariff until 31 December 1987 . quota .

2 . The Member States shall ensure that importers of the products in question have free access to the shares allocated Article 5 to them .

The Member States shall return to the reserve , not later than 3 . The Member States shall charge the imports of the 1 October 1987 , the unused portion of their initial share products concerned against their shares as and when the which , on 15 September 1987 , is in excess of 20% of the product is entered with customs authorities for free initial volume . They may return a larger quantity if there are circulation . grounds for believing that this quantity may not be used . 4 . The extent to which a Member State has used up its shares shall be determined on the basis of the imports charged The Member States- shall notify the Commission , not later under the conditions set in paragraph 3 . than 1 October 1987 , of the total quantities of the products in question imported up to 15 September 1987 and charged against the tariff quotas and of any quantity of the initial Article 8 shares returned to the reserve . At the Commission's request , the Member states shall inform it of imports actually charged against their shares .

Article 6 Article 9 The Commission shall keep an account of the shares opened by the Member States pursuant to Articles 2 and 3 and , as The Member States and the Commission shall cooperate soon as it is notified , inform each Member State of the extent closely to ensure that this Regulation is complied with . to which the reserves have been used up .

It shall inform the Member States , not later than 5 October Article 10 1987 , of the amount in the reserve after quantities have been returned thereto pursuant to Article 5 . 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