31990R3611
15. 12. 90 Official Journal of the European Communities No L 351 / 5
COUNCIL REGULATION (EEC) No 3611/90 of 11 December 1990 opening and providing for the administration of an autonomous Community tariff quota for newsprint (1990) and extending this quota to include certain other types of paper
THE COUNCIL OF THE EUROPEAN COMMUNITIES, all imports until the quota is used up ; whereas it is appropriate to take the necessary measures to ensure Having regard to the Treaty establishing the European efficient Community administration of this tariff quota Economic Community, and in particular Article 28 while offering the Member States the opportunity to draw thereof, from the quota volume the necessary quantities corre sponding to actual imports ; whereas this method of administration requires close cooperation between the Having regard to the proposal from the Commission, Member States and the Commission ; Whereas by Regulation (EEC) No 3379/89 (>), the Council Whereas, since the Kingdom of Belgium, the Kingdom of opened, for 1990, for newsprint a contractual Community the Netherlands and the Grand Duchy of Luxembourg tariff quota, of which the initial amount of 650 000 are united within and jointly represented by the Benelux tonnes was increased by 30 000 tonnes by Regulation Economic Union, all transactions concerning the (EEC) No 3230/90 (2) ; whereas, on the basis of the administration of this quota may be carried out by any economic data currently available, it is certain that the one of its members, total amount of this quota will not totally cover the needs for imports from third countries until 31 December 1990 ; whereas, on that basis and taking account of the supplementary possibilities offered by Community HAS ADOPTED THIS REGULATION : production, the amount of the needs not covered by the quota can be estimated at 50 000 tonnes ; whereas it is in the Community's interest to provide for the duty-free Article 1 admission of this amount, by opening a new autonomous tariff quota ; 1 . With effect from 1 November 1990 and until 31 December 1990, the customs duty applicable to imports Whereas equal and continuous access to the quota should from third countries of the following products shall be be ensured for all Community importers and the rate of suspended at the level indicated and within the limits of levy for the tariff quota should be applied consistently to the Community tariff quota as shown below :
Amount Order Rate of duty CN code Description of quota No (%) (tonnes)
09.2801 4801 00 10 Newsprint (') 50 000 0
(') Entry under this subheading is subject to conditions determined by the relevant Community provisions.
2. Within the limit of this tariff quota the Kingdom of newsprint contained in additional note 1 to Chapter 48 Spain and the Portuguese Republic shall apply customs and falling within CN code 4801 00 90. duties calculated in accordance with the relevant provisions of the Act of Accession. Article 2
The tariff quota referred to in Article 1 shall be 3. Imports of newsprint may not be charged against administered by the Commission, which may take all this tariff quota if they are already free of customs duties appropriate administrative measures in order to ensure under other preferential tariff arrangements. effective administration thereof.
4. Member States may charge against this tariff quota Article 3 the other types of paper corresponding, except as regards the criterion relating to watermarks, to the definition of If an importer presents, in a Member State, a declaration of entry into free circulation, including a request for (') OJ No L 326, 11 . 11 . 1989, p. 1 . preferential benefit for a product covered by this P) OJ No L 310, 9. 11 . 1990, p. 5. Regulation and if this declaration is accepted by the
No L 351 /6 Official Journal of the European Communities 15 . 12 . 90
customs authorities, the Member State concerned shall to the quota for such time as the residual balance of the inform the Commission and draw an amount corre quota volume so permits. sponding to its requirements from the quota amount. 2. Member States shall take all appropriate measures to The drawing requests, with indication of the date of make sure that the paper referred to in Article 1 fully acceptance of the said declarations, must be transmitted meets the criteria for admission to this tariff quota. to the Commission without delay.
The drawings are granted by the Commission by Where this is the case, the relevant Community reference to the date of acceptance of the declarations of procedures shall be applied in order to monitor use of the entry into free circulation by the customs authorities of paper for the prescribed specific purpose. the Member State concerned to the extent that the available balance so permits. Article 5 If a Member State does not use the quantities drawn, it shall return them as soon as possible to the quota Member States and the Commission shall collaborate amount. If the quantities requested are greater than the closely in order to ensure that this Regulation is complied available balance of the quota amount, allocation shall be with . made on a pro rata basis with respect to the requests. Member States shall be informed by the Commission thereof. Article 6 Article 4 This Regulation shall enter into force on the day of its 1 . Each Member State shall ensure that importers of publication in the Official Journal of the European the products concerned have equal and continuous access Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 December 1990.
For the Council The President V. SACCOMANDI