31987R4104

No L 383 / 30 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4104 / 87

of 22 December 1987

opening, allocating and providing for the administration of a Community tariff quota for rosin, obtained from wood, falling within code ex 3806 10 90 of the combined nomenclature ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , of trade between Member States ; whereas , at the same time , in order to accommodate specific Community rules this Having regard to the Treaty establishing the European nomenclature has been expanded into an integrated tariff of Economic Community , and in particular Article 28 the European Communities ( TARIC ); whereas , from that thereof, date , the combined nomenclature and , where appropriate , the TARIC code numbers should be used for the description Having regard to the proposal from the Commission , of the products covered by this Regulation ;

Whereas production in the Community of rosin , obtained from wood , falling within code ex 3806 10 90 of the Whereas equal and continuous access to the quota should be combined nomenclature , is currently insufficient to meet the ensured for all Community importers and the rate laid down requirements of the processing industries in the Community ; for the quota should be applied consistently to all imports of whereas , consequently , Community supplies of products of the products in question into the Member States until the this type currently depend in part on imports from third quota is exhausted ; whereas , in the light of these principles , countries ; whereas the most urgent Community allocation of the tariff quota among the Member States requirements for the product in question should be met would seem to preserve the Community nature of the quota ; immediately on the most favourable terms , whereas a whereas in order to correspond as closely as possible to the zero-duty Community tariff quota should therefore be real trend of the market for the products in question the opened within the limits of an appropriate amount , whereas , allocation should reflect the requirements of the Member in order not to jeopardize the balance of the market for this States based on statistics of imports of the said products from product and to ensure parallel development in outlets for non-preferential third countries during a representative Community production and satisfactory security of supplies reference period and on the economic outlook for the quota for user industries , the volume of the Community tariff quota period in question ; should be fixed at 6 000 tonnes , whereas , therefore , the tariff quota in question should be opened on 1 January 1988 and allocated among Member States ; Whereas , on the basis of the currently available statistics , imports into the Community of Ten in 1984 , 1985 and 1986 Whereas the Community has adopted , with effect from 1 of the product concerned , from third countries which do not January 1988 , a combined nomenclature for goods which qualify for an equivalent preferential tariff arrangement , meets the requirements of the Common Customs Tariff and have developed as follows and represent the following the external trade statistics of the Community and statistics percentages of total imports into the Community :

1984 1985 1986 Member State tonnes % tonnes % tonnes %

Benelux 889 35,95 5 514 77,86 303 20,81 Denmark 43 1,74 9 0,13 5 0,34 Germany 0 0 67 0,95 142 9,75 Greece 1 0,04 0 0 0 0 Spain 12 0,49 27 0,38 10 0,69 France 0 0 6 0,08 2 0,14 Ireland 0 0 0 0 0 0 Italy 18 0,73 38 0,54 17 1,17 Portugal 8 0,32 11 0,15 6 0,41 United Kingdom 1 502 60,73 1 410 19,91 971 66,69

2 473 7 082 1 456

31 . 12 . 87 No L 383 / 31 Official Journal of the European Communities

Whereas in view of these factors and of market forecasts for must be valid until the end of the quota periods ; whereas this this product for 1988 , the initial percentage shares of the form of administration requires close cooperation between quota volume can be expressed approximately as follows : the Member States and the Commission and the latter must be able to monitor the extent to which the quota volume has been used up and inform the Member States accordingly; Benelux 36,46 Denmark 2,08 Germany 4,18 Whereas if at a given date in the quota period a considerable Greece 0,10 quantity of a Member State's initial share remains unused , it Spain 0,10 is essential that the Member State concerned should return a France 10,42 significant proportion thereof to the corresponding reserve in Ireland 2,08 order to prevent part of the Community tariff quota from Italy 2,81 remaining unused in one Member State when it could be used Portugal 0,10 in others ; United Kingdom 41,67

Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg , are Whereas , to allow for the trend of imports of the product united within and jointly represented by the Benelux concerned in the various Member States , the quota volume Economic Union , any operation concerning the should be divided into two parts , the first being allocated administration of the quota shares allocated to that economic among the Member States and the second held as a reserve to union may be carried out by any one of its members . cover any subsequent requirements of Member States which have used up their initial share ; whereas , to afford importers in each Member State some degree of certainty , the first part of the tariff quota should be set at a relatively high level , which in this case could be 80 % of the quota volume ; HAS ADOPTED THIS REGULATION :

Whereas the initial shares may be used up at different rates ; whereas in order to avoid any break in the continuity of Article 1 supplies on this account , it should be provided that any Member State which has almost used up its initial share should draw an additional share from the reserve ; whereas 1 . From 1 January to 31 December 1988 the customs duty each time its additional share is almost used up a Member applicable to imports of the following product shall be State should draw a further share and so on as many times as suspended at the level indicated and within the limits of a the reserve allows ; whereas the initial and additional shares Community tariff quota as shown below :

Amount of Order No CN code Rate of duty Description tariff quota ( % ) ( tonnes )

09.2715 ex 3806 10 90 Rosin , obtained from wood 6 000 0

Within the limits of this tariff quota , Spain and Portugal shall 2 . The fist part , amounting to 4 800 tonnes , shall be apply duties calculated in accordance with the relevant allocated among the Member States . The shares which , provisions laid down in the Act of Accession of Spain and subject to Article 5 , shall be valid until 31 December 1988 , Portugal . shall be as follows :

(tonnes) 2 . Imports of the product in question may not be charged Benelux 1 750 against this tariff quota if they are already free of customs Denmark 100 duties under other preferential tariff arrangements . Germany 200 Greece 2 Spain 5 France 500 Article 2 Ireland 103 Italy 135 1 . The tariff quota referred to in Article 1 ( 1 ) shall be Portugal 5 divided into two parts . United Kingdom 2 000

No L 383 / 32 Official Journal of the European Communities 31 .

3 . The second part of the quota , amounting to 1 200 Article 6 tonnes , shall constitute the reserve .

The Commission shall keep account of the shares drawn by Member States pursuant to Articles 2 and 3 and shall inform each Member State of the extent to which the reserve has Article 3 been used up as soon as it has been notified .

It shall inform the Member States , not later than 5 October 1 . If a Member State has used 90 % of its initial share as 1988 , of the state of the reserve following any return of quota specified in Article 2 ( 2 ), or of that share less any portion shares pursuant to Article 5 . returned to the reserve pursuant to Article 5 , it shall forthwith , by notifying the Commission and to the extent that the reserve so permits , draw a second share equal to 5 % It shall ensure that the drawing which exhausts the reserve of its initial share , rounded up where necessary to the next does not exceed the balance available , and to this end shall whole number . notify the amount of that balance to the Member State making the final drawing.

2 . If, after its initial quota share has been used up , a Member State has used 90 % or more of its second share as well , it shall forthwith , using the procedure provided for in paragraph 1 , draw a third share equal to 2,5 % of the initial Article 7 share , rounded up where necessary to the next whole number . 1 . Member States shall take all appropriate measures to ensure that additional drawings of shares pursuant to 3 . If, after its second share has been used up , a Member Article 3 enable imports to be charged without interruption against their accumulated share of the Community tariff State has used 90 % or more of its third share , it shall , using quota . the procedure provided for in paragraph 2 , draw a fourth share equal to the third . 2 . Member States shall ensure that importers or the products concerned have free access to the quota shares This process shall continue until the reserve is used up . allocated to them .

4 . By way of derogation from paragraphs 1 , 2 and 3 , 3 . Member States shall charge imports of the products Member States may draw smaller shares than those specified concerned against their shares as and when the goods are in the said paragraphs , if there is reason to believe that they entered with the customs authorities for free circulation . might not be used in full . Member States shall inform the Commission of their reasons for applying this paragraph . 4 . The extent to which a Member State has used up its shares shall be determined on the basis of the imports charged in accordance with paragraph 3 .

Article4¶

Article 8 Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1988 . At the request of the Commission , Member States shall inform it of imports actually charged against their quota shares . Article 5

By 1 October 1988 at the latest , Member States must return Article 9 to the reserve the unused portion of their initial share which , on 15 September 1988 , is in excess of 20% of the initial volume . They may return a greater portion if there is reason The Member States and the Commission shall cooperate to believe that it might not be used . closely to ensure that this Regulation is complied with .

By 1 October 1988 at the latest, Member States must notify the Commission of the total quantities of the products Article 10 concerned imported on or before 15 September 1988 and charged against the Community quota and of any portion of their initial share that they are returning to the reserve . This Regulation shall enter into force on 1 January 1988 .

31 . 12 . 87 Official Journal of the European Communities No L 383 / 33

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

Done at Brussels , 22 December 1987 .

For the Council The President N. WILHJELM