No L 375 / 931 . 12 . 86 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 4019/ 86
of 16 December 1986
opening, allocating and providing for the administration of a Community tariff quota for a
certain variety of polyvinylpyrrolidone falling within subheading ex 39.02 C XIV a) of the
Common Customs Tariff
requirements which cannot be determined with sufficient
accuracy , it seems possible to avoid allocating among the
Member States , without prejudice to the drawing against the
quota volume of such quantities as they may need , under
conditions and according to a procedure to be specified ;
whereas this method of management requires close
cooperation between the Member States and the
Commission and the latter must in particular be able to
monitor the rate at which the quota is used up and inform the
Member States thereof;
Whereas , since the Kingdom of Belgium, the Kingdom of the
Netherlands and the Grand Duchy ofLuxembourg are united
within and jointly represented by the Benelux Economic
Union , all transactions concerning the administration of
shares allocated to that economic union may be carried out
by any one of its members ,
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 28
thereof,
Whereas production in the Community of polyvinyl
pyrrolidone for pharmaceutical use falling within
subheading ex 39.02 C XIV a ) of the Common Customs
Tariff in currently insufficient to meet the requirements of the
processing industries in the Community ; whereas ,
consequently , Community supplies of products of this type
currently depend to a considerable extent on imports from
third countries ; whereas the most urgent Community
requirements for the product in question should be met
immediately on the most favourable terms ; whereas a nil
duty Community tariff quota should therefore be opened
within the limits of an appropriate amount for a period from
1 January to 31 July 1987 ; whereas , in order not to
jeopardize the balance of the market for this product , the
volume of the Community tariff quota should be fixed at
30 tonnes ;
Whereas it is necessary , in particular , to ensure to all
Community importers equal and uninterrupted access to the
abovementioned quota and uninterrupted application of the
rates laid down for that quota to all imports of the products
concerned into all Member States until the quota has been
used up ; whereas , however , since the quota is to cover
HAS ADOPTED THIS REGULATION:
Article 1
1 . From 1 January to 31 December 1987 the common
customs duty applicable on import of the products
mentioned below shall be suspended at the level and within
the limit of the Community tariff quota indicated for
each :
Order No
heading
CCT
No
Description
Quota
volume
(tonnes )
Quota
duty
(% >
09.1931 ex 39.02 C XIV a ) Polyvinylpyrrolidone , presented in powder form , the
particles of which are less than 38 micrometres and
which has a solubility in water at 25 °C of less than or
equal to 1,5 % by weight . 30 0
Within the limit of this tariff quota the Kingdom of Spain and
the Portuguese Republic shall apply customs duties
calculated in accordance with the relevant provisions laid
down by the Act of Accession of Spain and Portugal .
2 . If an importer notifies an imminent importation of the
product in question in a Member State and requests the
benefit of the quota , the Member State concerned shall
inform the Commission and draw an amount corresponding
to these requirements to the extent that the available balance
of the reserve permits this .
3 . The shares drawn pursuant to paragraph 2 shall be
valid until the end of the quota period .
Article 2
1 . Member States shall take all appropriate measures to
ensure that their drawings pursuant to Article 1 (2 ) are
carried out in such a way that imports may be charged
without interruption against their accumulated shares of the
Community quota .
2 . Each Member State shall ensure that importers of the
said goods have access to the quota so long as the residual
balance of the quota volume allows this .
3 . Member States shall charge imports of the said goods
against their drawings as and when the goods are entered for
free circulation .
31 . 12 . 86No L 375 / 10 Official Journal of the European Communities
4 . The extent to which the quota has been used up shall be
determined on the basis of the imports charged in accordance
with paragraph 3 .
Article 3
At the request of the Commission , Member States shall
inform it of imports actually charged against the quota .
Article 4
The Member States and the Commission shall collaborate
closely in order to ensure that this Regulation is complied
with .
Article 5
This Regulation shall enter into force on 1 January 1987 .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 16 December 1986 .
For the Council
The President
G. HOWE
Full & Egal Universal Law Academy