31987R4073

31 . 12 . 87 Official Journal of the European Communities No L 381 / 5

COUNCIL REGULATION ( EEC ) No 4073 / 87 of 18 December 1987

opening, allocating and providing for the administration of a Community tariff quota for certain plywoods of coniferous species ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , first being allocated among the Member States , and the second held as a reserve to cover any subsequent requirements of Member States which have used up their Having regard to the Treaty establishing the European initial shares ; whereas, in order to afford importers some Economic Community , and in particular Article 113 degree of certainty , the first part of the quota should be set thereof, at a relatively high level , about 80 % of its full amount; whereas , on the basis of Member States' estimates of their needs , the initial shares could be as set out in Article 2 ; Having regard to the proposal from the Commission ,

Whereas the Community has undertaken to open an annual Community tariff quota of at least 600 000 cubic metres Whereas Member States may use up their initial shares at for certain plywoods of coniferous species falling within different rates ; whereas , to provide for this eventuality and heading No ex 44.15 of the Common Customs Tariff; to avoid any break in the continuity of supplies , any whereas this quota has been raised to 650 000 cubic metres Member State which has used up its initial share should by virtue of an agreement concluded with the United States draw additional shares in quantities corresponding to. their and approved by Decision 87 / 224 / EEC ('); whereas , real requirements , as many times as the reserve allows ; under Protocol 11 to the 1972 Act of Accession , the whereas this form of administration requires close Community is required to open each year autonomous nil cooperation between Member States and the Commission and the latter must be able to monitor the extent to which duty Community tariff quotas for the same products , the volume thereof to be decided annually when it is the quota volume has been used up and to inform the established that all possibilities of supply on the internal Member States accordingly ; market of the Community have been exhausted during the period for which the quotas are open ; whereas the condition laid down by the said Protocol does not seem to be met at the moment ; whereas , in these circumstances , it Whereas if at a given date in the quota period a considerable quantity of a Member State's initial share is appropriate as an initial measure not to exceed the contractual volume of 650 000 cubic metres ; whereas the remains unused , it is essential that that Member State setting of the quota volume at this level does not exclude , concerned should return a significant proportion to the moreover, recourse to the provisions of the reserve , so as to avoid a part of the quota remaining unused in one Member State when it could be used in abovementioned Protocol 11 during the quota period ; others ; whereas , therefore , the tariff quota in question should be opened on 1 January 1988 and allocated among Member States ;

Whereas , since the Kingdom of Belgium , the Kingdom of Whereas the Community has adopted , with effect from the Netherlands and the Grand Duchy of Luxembourg are 1 January 1988 , a combined nomenclature for goods which united within and jointly represented by the Benelux meets the requirements of the Common Customs Tariff Economic Union , any measure concerning the and the Nomenclature of Goods for the External Trade administration of quota shares allocated to that economic Statistics of the Community and Statistics of Trade union may be carried out by any one of its members , between Member States ; whereas , in order to accommodate specific Community measures , this nomenclature has been expanded into an integrated tariff of the European Communities ( TARIC ); whereas , with effect from the date given above , the combined nomenclature and , where appropriate , the TARIC code HAS ADOPTED THIS REGULATION : numbers , should be used for the description of products covered by this Regulation;

Whereas , to allow for import trends for the products Article 1 concerned , the quota should be divided into two parts , the

1 . From 1 January to 31 December 1988 , the customs duty applicable to imports of the following products shall be suspended at the level indicated and within the limits of (») OJ No L 98 , 10 . 4 . 1987 , p. 1 . a Community tariff quota as shown herewith :

No L 381 / 6 Official Journal of the European Communities 31 . 12 . 87

Combined Amount of Rate of Order nomenclature Decription tariff quota duty No code (m3 ) ( % )

09.0013 ex 4412 19 00 Plywood of coniferous species , without the addition of other ex 4412 91 00 substances : ex 4412 99 10 — of a thickness greater than 8,5 mm , the faces of which are not further prepared than the peeling process ex 4412 99 90 — sanded , and of a thickness greater than 18,5 mm 650 000 0

Within the limits of this tariff quota Spain and Portugal preferential treatment for a product covered by this shall apply duties calculated in accordance with the Regulation , and this request is accepted by the customs relevant provisions set out in the 1985 Act of Accession . authorities , the Member State concerned shall , by notifying the Commission , draw an amount corresponding to its 2 . Imports of the products in question may not be charged requirements from the reserve referred to in Article 2 ( 3 ). against this tariff quota if they are already free of customs duties under other preferential tariff arrangements . Requests to draw on the reserve together with the date of acceptance of the customs declarations must be forwarded to the Commission without delay .

Article 2 Drawings shall be granted by the Commission on the basis 1 . The tariff quota referred to in Article 1 ( 1 ) shall be of the date of acceptance of goods for entry into free divided into two parts . circulation by the customs authorities of the Member State concerned , provided a sufficient amount remains in the 2 . A first part of 520 000 cubic metres shall be allocated reserve . among certain Member States ; these quota shares shall , subject to Article 5 , be valid until 31 December 1988 , and shall be as follows : If a Member State does not use the quantities drawn , it shall return them to the reserve as soon as possible . (cubic metres) Benelux 134 575 Denmark 56 835 82 160 If requests for drawings exceed the amount remaining in Germany the reserve , an allocation shall be made pro rata . The Greece 45 Member States shall be informed by the Commission in France 9 630 accordance with the same procedure . Ireland 7 800 Italy 20 955 United Kingdom 208 000

3 . The second part, amounting to 130 000 cubic metres Article 4 shall constitute the reserve . Additional shares drawn pursuant to Article 3 shall be valid 4 . If products of the type in question are presented in until 31 December 1988 . Spain or Portugal and supported by a declaration as to entry into free circulation which is accepted by the customs services , the Member State concerned shall inform the Commission and draw a corresponding amount under the Article 5 conditions laid down in Article 3 .

Member States shall return to the reserve , not later than 1 October 1988 , the unused portions of their initial shares which , on 15 September 1988 are in excess of 20 % of the Article 3 initial amount . They may return a greater portion if there are grounds for believing that it may not be used in full . 1 . If a Member State's initial share as specified in Article 2 (2 ), or of that share less any portion returned to the reserve where Article 5 has been applied has been used up entirely , Member States shall notify the Commission , not later than the following provisions shall apply . 1 October 1988 , of the total quantities of the products in question imported up to 15 September 1988 and charged If an importer presents , in a Member State , a declaration as against the Community quota and of any portion of their to entry into free circulation comprising a request for initial shares returned to the reserve .

31 . 12 . 87 Official Journal of the European Communities No L 381 / 7

Article 6 2 . Member States shall ensure that importers of the products in question have free access to the shares allocated The Commission shall keep an account of the shares to them . opened by the Member States pusuant to Articles 2 and 3 and , as soon as it has been notified , shall inform each State 3 . Member States shall charge imports of the products in of the extent to which the reserve has been used up . question against their shares as and when the products are entered with the customs authorities for free circulation .

It shall inform the Member States , not later than 5 October 4 . The extent to which a Member State has used up its 1988 , of the amount still in reserve after amounts have share shall be determined on the basis of imports charged been returned thereto pusuant to Article 5 . against that share in accordance with paragraph 3 .

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

Article9¶

Article 7 Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . 1 . Member States shall take all appropriate measures to ensure that additional drawings of shares pursuant to Article 3 are carried out in such a way that imports may be Article 10 charged without interruption against their accumulated shares of the Community quota . This Regulation shall enter into force on 1 January 1988 .

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

Done at Brussels , 18 December 1987 .

For the Council

The President

N. WILHJELM