31987R4187

No L 400 / 30 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4187 / 87

of 21 December 1987 opening, allocating and providing for the administration of a Community tariff quota for tobacco falling within code ex 2401 10 60 or ex 2401 20 60 of the combined nomenclature and originating in Yugoslavia ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , for the quota should be applied consistently to all imports of the products in question into all Member States until the quota is exhausted ; whereas , in the light of these principles, Having regard to the Treaty establishing the European allocation of the Community tariff quota among certain Economic Community , and in particular Article 113 Member States would seem to preserve the Community thereof, nature of the quota ; whereas , in order to correspond as closely as possible to the real trend of the market for the products in question , the allocation should reflect the pro Having regard to the proposal from the Commission , rata requirements of the Member States based on statistics of imports of the said products from Yugoslavia during the Whereas the Cooperation Agreement between the European representative reference period and on the economic outlook Economic Community and the Socialist Federal Republic of for the quota period in question ; Yugoslavia ( 1 ), as supplemented by the Additional Protocol to that Agreement establishing new trade arrangements ( 2 ), provides that tobacco of the 'Prilep' type falling within code Whereas during the last three years for which statistics are ex 2401 10 60 or ex 2401 20 60 of the combined available imports into the Member States were as follows: nomenclature , originating in and coming from Yugoslavia , as specified in an Agreement in the form of an Exchange of Letters dated 11 July 1980 , is to be imported into the Community at a customs duty of 7% with a minimum (tonnes) amount levied of 13 ECU per 100 kilograms and a maximum of 45 ECU per 100 kilograms , within the limits of an annual Member State 1984 1985 1986 Community tariff quota of 1 500 tonnes ; whereas such Benelux — — 70 tobacco must be accompanied by a certificate of origin and authenticity; whereas the tariff quota in question should be Denmark — — — opened for 1988 ; Germany 534 138 269 Greece — — — Whereas the customs duty levied under the above tariff quota n.c . n.c . 180 Spain is to be dismantled over the same periods and at the same France — — 30 rates as provided for in Articles 75 and 243 of the Act of Ireland — — — Accession of Spain and Portugal ; whereas , within the limits of the above tariff quota , the Kingdom of Spain and the — 850 664 Italy Portuguese Republic are to apply customs duties calculated — Portugal n.c . n.c . in accordance with Council Regulation ( EEC ) No 4150 / 87 — — — of 21 December 1987 laying down arrangements for Spain's United Kingdom and Portugal's trade with Yugoslavia and amending Regulations ( EEC) No 449 / 86 and (EEC ) No 2573 / 87 ( 3 );

Whereas , from 1 January 1988 , the nomenclature in the Whereas during the last three years the products concerned Common Customs Tariff will be replaced by the combined were imported regularly only by certain Member States and nomenclature based on the International Convention on the not at all or only occasionally by the other Member States ; Harmonized Commodity Description and Coding System ; whereas , under these circumstances , in the first phase, initial whereas this Regulation must take account of that fact by shares should be allocated only to the genuine importing using the combined nomenclature codes and Taric code Member States and the other Member States should be numbers of the products concerned; guaranteed access to the benefit of the tariff quotas when imports actually take place in those Member States ; whereas these allocation arrangements will ensure the uniform levy of Whereas equal and continuous access to the quota should be the applicable duties ; ensured for all Community importers and the rates laid down

H OJ No L 41 , 14 . 2 . 1983 , p. 2 . ( 2 ) OJ No L 389 , 31 . 12 . 1987 , p . 73 . Whereas, to allow for the trend of imports of the products ( 3 ) OJ No L 389 , 31 . 12 . 1987 , p. 1 . concerned in the various Member States , the quota volume

31 . 12 . 87 No L 400 / 31 Official Journal of the European Communities

should be divided into two parts , the first being allocated is essential that the Member State concerned should return a among certain Member States and the second held as a significant proportion thereof to the Community reserve in reserve to cover any subsequent requirements of those order to prevent part of the Community quota from Member States which have used up their initial shares and remaining unused in one Member State when it could be used any requirements which might arise in the other Member in others ; States; whereas , to afford importers in each Member State some degree of certainty, an appropriate level for the first Whereas since the Kingdom of Belgium , the Kingdom of the part of the Community quota would , in the present Netherlands and the Grand Duchy of Luxembourg are united circumstances , be 67 % of the quota volume ; within and jointly represented by the Benelux Economic Union, any operation concerning the administration of the quota shares allocated to that economic union may be carried Whereas the initial shares of the Member States may be used out by any one of its members , up at different rates; whereas, in order to avoid any break in the continuity of supplies on this account , it should be provided that any Member State which has almost used up its initial quota share should draw an additional share from the Community reserve; whereas each time its additional share is HAS ADOPTED THIS REGULATION : almost used up a Member State should draw a further share and so on as many times as the reserve allows ; whereas these initial and additional shares must be valid until the end of the quota period; whereas this form of administration requires close cooperation between the Member States and the Article 1 Commission and the latter must be able to monitor the extent to which the quota volume has been used up and inform the 1 . From 1 January to 31 December 1988 the customs duty Member State accordingly; applicable to imports into the Community of the following products originating in and coming from Yugoslavia shall be Whereas if at a given date in the quota period a considerable suspended at the level indicated and within the limits of a quantity of a Member State's initial share remains unused , it Community tariff quota as shown below:

Order Quota CN code Description Quota duty No ( tonnes )

Unmanufactured tobacco ; tobacco refuse : — Tobacco , not stemmed / stripped : — — Other : 7% ad valorem 09.1505 ex 2401 10 60 — — — Sun-cured Oriental type tobacco : with a minimum amount levied of — 'Prilep' type tobacco 1 500 13 ECU per 100 kilo­ — Tobacco , partly or wholly stemmed / stripped: grams and a maximum — — Other : of 45 ECU per 100 kilograms net weight ex 2401 20 60 — — — Sun-cured Oriental type tobacco : — 'Prilep' type tobacco

Within the limits of this tariff quota the Kingdom of Spain certain Member States; without prejudice to Article 5 , the and the Portuguese Republic shall apply customs duties quota shares shall be valid until 31 December 1988 and shall calculated in accordance with the relevant provisions of the be as follows : Protocol to Regulation (EEC ) No 4150 / 87 . (tonnes) 2 . Import of this product must be accompanied by a certificate of authenticity issued by the competent Yugoslav Benelux 25 authority and conforming with the model annexed to this Germany 345 Regulation . Spain 65 France 10 Italy 555 Article 2

1 . A first part of the Community tariff quota referred to in 2 . The second part of the quota , amounting to 500 Article 1 amounting to 1 000 tonnes shall be allocated among tonnes , shall constitute the reserve .

31 . 12 . 87 No L 400 / 32 Official Journal of the European Communities

3 . If an importer gives notification of imminent imports charged against the Community quotas and of any portion of their initial share that they are returning to the reserve . of the product concerned into one of the other Member States and applies to take advantage of the quota , the Member State concerned shall inform the Commission and draw an amount corresponding to its requirements to the extent that the Article 6 available balance of the reserve so permits .

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 reserves have Article 3 been used up as soon it has been notified .

1 . If a Member State has used 90 % or more of its initial It shall inform the Member States not later than 5 October quota share as specified in Article 2 ( 1 ), or of that share less 1988 of the state of the reserve following any return of quota any portion returned to the reserve pursuant to Article 5 , it shares pursuant to Article 5 . shall forthwith , by notifying the Commission and to the extent that the reserve so permits , draw a second share equal It shall ensure that the drawing which exhausts the reserve to 15 % of its initial share , rounded up where necessary to the does not exceed the balance available , and to this end shall next whole number . notify the amount of that balance to the Member State making the final drawing. 2 . If, after its inital quota share has been used up , a Member State has used up 90 % or more of its second share as well , it shall , using the procedure provided for in Article 7 paragraph 1 and to the extent that the reserve so permits , draw a third share equal to 7,5 % of its initial 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 Article 3 enable imports to be charged without interruption 3 . If, after its second share has been used up , a Member against their accumulated share of the Community quota . State has used 90 % or more of its third share , it shall , using the procedure provided for in paragraph 1 , draw a fourth 2 . Member States shall ensure that importers of the share equal to the third . products concerned have free access to the quota shares allocated to them . This process shall continue until the reserve is used up . 3 . Member States shall charge imports of the products 4 . By way of derogation from paragraphs 1 , 2 and 3 , concerned against their quota shares as and when the goods are entered with the customs authorities for free Member States may draw smaller shares than those specified in the said paragraphs if there is reason to believe that they 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 quota share shall be determined on the basis of the imports charged in accordance with paragraph 3 .

Article 4 Article 8 Each of the 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 of the product concerned actually charged against their quota share .

Article 5 Article 9 By 1 October 1988 at the latest Member States must return to the reserve the unused portion of their initial share which , on The Member States and the Commission shall cooperate 15 September 1988 , is in excess of 20 % of the initial volume . closely to ensure that this Regulation is complied with . They may return a greater portion if there is reason to believe that it might not be used .

Article 10 By 1 October 1988 at the latest Member States must notify the Commission of the total quantities of the products concerned imported on or before 15 September 1988 and This Regulation shall enter into force on 1 January 1988 .

31 . 12 . 87 No L 400 / 33 Official Journal of the European Communities

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

Done at Brussels , 21 December 1987 .

For the Council The President B. HAARDER

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

2 No ORIGINAL 1 Exporter (name , full address , country) Exportateur (nom , adresse complète , pays) 3 Quota year 4 Country of destination Année contingentaire Pavs de destination

6 Issuing authority Organisme émetteur 5 Consignee (name , full address, country) 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 'Prilep '

(CN Code ex 2401 10 60 and ex 2401 20 60) (Code NC ex 2401 10 60 et ex 2401 20 60)

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 I accord.

Place Date Lieu Date

(Stamp and signature ) ( Cachet et signature )