31990R3631

18 . 12 . 90 Official Journal of the European Communities No L 355/7

COMMISSION REGULATION (EEC) No 3631/90 of 17 December 1990 fixing the quotas for 1991 applying to imports into Spain of milk and milk products from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES, on the tariff and statistical nomenclature and on the Common Customs Tariff and (EEC) No 2915/79 determi­ Having regard to the Treaty establishing the European ning the groups of products and the special provisions for Economic Community, calculating levies on milk and milk products 0 amended certain CN codes and as a result these amendments Having regard to the Act of Accession of Spain and should be incorporated in this Regulation ; Portugal, Whereas the measures provided for in this Regulation are Having regard to Council Regulation (EEC) No 491 /86 of in accordance with the opinion of the Management 25 February 1986 laying down rules for the application of Committee for Milk and Milk Products, quantitative resrictions on imports into Spain of certain agricultural products from third countries ('), as last amended by Regulation (EEC) No 3296/88 (2), and in particular Article 3 (1 ) thereof, HAS ADOPTED THIS REGULATION : Whereas, pursuant to Article 77 of the Act of Accession of Spain and Portugal, Spain may, until 31 December 1995, apply quantitative restrictions on imports from Article 1 third countries ; whereas the subject to the supplementary trade mechanism in the case of milk and milk products ; 1 . The quotas for 1991 for products specified in Annex I to Council Regulation (EEC) No 491 /86 imported into Whereas Commission Regulation (EEC) No 609/86 (3), as Spain from third countries shall be as follows : amended by Regulation (EEC) No 222/88 (4), fixed the initial quotas by volume for each product or group of — CN codes 0401 , 0403 10 22, 0403 10 23 , 0403 10 24, milk products ; whereas, in accordance with the second 0403 90 1 1 , 0403 90 1 3, 0403 90 1 9, 0403 9031 , and third subparagraphs of Article 1 (3) of Regulation 0403 90 33, 0403 90 39 , as well as 0403 90 51 (EEC) No 491 /86, is fixed the minimum annual rate of 0403 90 53, 0403 90 59, other than concentrates, increase in the quota taking into account either the 0404 10 91 and 0404 90 : 435 tonnes, patterns of trade for some third countries or the state of — CN code 0405 : 180 tonnes. bilateral negotiations with other third countries. Whereas, in view of the current situation, the import quantities for some third countries should not be adjusted in accor­ 2. The quotas for 1991 for products specified in Annex dance with the rules applicable to imports into Spain II to Council Regulation (EEC) No 491 /86 falling within from the Community as constituted at 31 December CN codes ex 0406 with the exception, as regards imports 1985 ; from Switzerland of Emmentaler falling within CN code 0406 90 13, Gruyere falling within CN code ex 0406 90 15 are fixed at 3 918 tonnes. Whereas, to ensure proper management of the quota, the applications for import licences should be subject to the lodging of a security in accordance with Commission Regulation (EEC) No 2220/85 of July 1985 laying down Article 2 common detailed rules for the application of the system of securities for agricultural products (*) ; as amended by 1 . The Spanish authorities shall issue import authoriza­ Regulation (EEC) No 3745/89 (6) ; tions so as to ensure a fair allocation of the available quantity between applicants. Whereas provision should be made for Spain to commu­ nicate information to the Commission on the application 2. Applications for import authorizations shall be of the quota ; subject to the lodging of a security. The provisions of Regulation (EEC) No 2220/85 shall apply in respect of Whereas Council Regulation (EEC) No 3116/90 of 15 the said security. October 1990 amending Regulations (EEC) No 2658/87

The primary requirement, within the meaning of Article (') OJ No L 54, 1 . 3 . 1986, p. 25. 0 OJ No L 293, 27. 10 . 1988, p. 7. 20 of the said Regulation, shall consist in the effective (3) OJ No L 58 , 1 . 3 . 1986, p. 33. importation of the products. 0 OJ No L 28, 1 . 2. 1988 , p. 1 . 0 OJ No L 205, 3. 8 . 1985, p. 5. (4 OJ No L 364, 14. 12. 1989, p. 54. 0 OJ No L 303, 31 . 10 . 1990, p. 1 .

No L 355/8 Official Journal of the European Communities 18 . 12 . 90

Article 3 — the quantities covered by the import authorizations issued, 1 . The Spanish authorities shall communicate to the Commission the measures which they adopt for the appli­ — the quantities imported. cation of Article 2. 2. They shall, for each of the products concerned, Article 4 transmit, not later than the 1 5th of each month, the follo­ wing information on import authorizations issued in the preceding month : This Regulation shall enter into force on 1 January 1991 .

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

Done at Brussels, 17 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission