No L 375 / 1331 . 12 . 86 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 4021 / 86
of 16 December 1986
opening, allocating and providing for the administration of a Community tariff quota for rosin ,
including 'brais resineux' obtained from wood falling within subheading ex 38.08 A of the
Common Customs Tariff ( 1987)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 28
thereof,
Having regard to the draft Regulation submitted by the
Commission ,
should be opened on 1 January 1987 and allocated among
Member States ;
Whereas it is in particular necessary to ensure for all
Community importers equal and uninterrupted access to the
abovementioned quota and uninterrupted application of the
rate laid down for that quota to all imports of the product
concerned into all Member States until the quota has been
used up; whereas , having regard to the above principles ,
the Community nature of the quota can be respected by
allocating the Community tariff quota among the Member
States ; whereas, in order to reflect as accurately as possible
the true trend of the market in the product in question , such
allocation should be in proportion to the requirements of the
Member States , calculated by reference to the statistics for
imports from non-preferential third countries over a
representative reference period and also to the economic
outlook for the quota period in question ;
Whereas , on the basis of the statistics at present available ,
imports into the Community of Ten in 1983 , 1984 and 1985
of the product concerned , coming from third countries which
do not benefit from an equivalent preferential tariff
arrangement , have developed as follows and represent
the following percentages of total imports into the
Community :
Whereas production in the Community of rosin falling
within subheading ex 38.08 A of the Common Customs
Tariff is currently insufficient to meet the requirements of
the processing industries in the Community ; whereas ,
consequently , Community supplies of products of this type
currently depend in part 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 ; whereas , in order not to jeopardize the
balance of the market for this product and to ensure parallel
development in outlets for Community production and
satisfactory security of supplies for user industries , the
volume of the Community tariff quota should be fixed at
8 000 tonnes ; whereas , therefore , the tariff quota in question
Member States
1983 1984 1985
tonnes % tonnes % tonnes %
Benelux 1 393 20,46 974 18,27 5 822 56,47
Denmark 269 3,95 58 1,09 18 0,17
Germany 1 929 28,34 1 771 33,22 885 8,58
Greece 0 0 3 0,06 2 0,02
Spain 56 0,82 12 0,23 27 0,26
France 814 11,96 31 0,58 1 370 13,29
Ireland 16 0,24 161 3,02 36 0,35
Italy 467 6,86 160 3,00 270 2,62
Portugal 0 0 8 0,15 11 0,11
United Kingdom 1 863 27,37 2 153 40,38 1 869 18,13
6 807 5 331I 10 310
Whereas , taking into account these figures and the
foreseeable development of the product concerned during
1987 the initial shares may be fixed approximately at the
following percentages :
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
0.02
0.42
9.87
0.95
4.00
0.08
26.22
Benelux
Denmark
Germany
36.48
1.54
20.42
No L 375 / 14 Official Journal of the European Communities 31 , 12 . 86
Whereas if , at a given date in the quota period , a substantial
quantity remains unused , it is essential that that Member
State should return a significant proportion to the reserve to
prevent a part of any tariff quota from remaining unused in
one Member State when it could be used in others ;
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 , any measure concerning the administration of the
quota shares allocated to that economic union may be carried
out by any of its members ,
Whereas , in order to take into account import trends for the
product concerned in the various Member States , the quota
amount should be divided into two instalments , the first
being shared among the Member States , and the second
constituting a reserve to cover at a later date the requirements
of those Member States which have used up their initial quota
share ; whereas , in order to give importers in each Member
State a certain degree of security , the first instalment of the
Community quota might under the circumstances be fixed at
approximately 94% of the quota volume ;
Whereas the Member States' initial shares may be used up at
different times ; whereas , in order to take this fact into
account and avoid any break in continuity , any Member
State which has almost used up its initial quota share should
draw an additional share from the reserve ; whereas this must
be done by each Member State as and when each of its
additional shares is almost used up , and repeated as many
times as the reserve allows ; whereas the initial and additional
shares must be valid until the end of the quota period ;
whereas this method of administration requires close
cooperation between the Member States and the
Commission , and the latter must be in a position to monitor
the extent to which the quota volume has been used up and to
inform the Member States thereof;
HAS ADOPTED THIS REGULATION :
Article 1
From 1 January to 31 December 1987 , the Common
Customs Tariff duty on the following products shall be
suspended at the level and within the limit of a Community
tariff quota as shown herewith :
Order No
CCT
heading No Description
Amount of
tariff quota
( in tonnes )
Rate of
duty
( in % )
09.2715 ex 38.08 A Rosin , including 'brais resineux':
- obtained from wood 8 000 0
3 . The second instalment of 400 tonnes shall constitute
the reserve .
Within the limits of this tariff quota , Spain and Portugal shall
apply duties calculated in accordance with the relevant
provisions laid down in the Act of Accession of Spain and
Portugal .
2 . Imports of the product in question may not be charged
against this tariff quota if they are already free of customs
duties under other preferential tariff arrangements .
Article 2
1 . The tariff quota referred to in Article 1 ( 1 ) shall be
divided into two instalments .
2 . The first instalment , amounting to 7 600 tonnes , shall
be shared among the Member States . The shares which ,
subject to Article 5 , shall be valid until 31 December 1987 ,
shall be as follows :
Article 3
1 . If 90 % or more of any Member State's initial share as
specified in Article 2 ( 2 ), or 90% of that share minus the
protion returned to the reserve where Article 5 has been
applied , has been used up , then , to the extent permitted by
the amount of the reserve , that Member State shall forthwith ,
by notifying the Commission , draw a second share equal to
5% of its initial share , rounded up where necessary to the
next unit .
2 . If, after its initial share has been used up , 90 % or more
of the second share drawn by a Member State has been used
up , then , to the extent permitted by the amount of the
reserve , that Member State shall , in accordance with the
conditions laid down in paragraph 1 , draw a third share
equal to 2,5% of its initial share .
3 . If , after its second share has been used up , 90% or
more of the third share drawn by a Member State has been
used up , that Member State shall , in accordance with the
conditions laid down in paragraph 1 , draw a fourth share
equal to the third .
This process shall continue until the reserve is used up .
(tonnes)
2 772
117
1 552
2
32
750
72
304
6
1 993
Benelux
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Portugal
United Kingdom
31 . 12 . 86 Official Journal of the European Communities No L 375 / 15
It shall ensure that the drawing which exhausts any reserve
does not exceed the balance available and, to this end , notify
the amount of that balance to the Member State making the
last drawing.
4 . By way of derogation from paragraphs 1 , 2 and 3 , a
Member State may draw shares smaller than those fixed in
those paragraphs if there is reason to believe that they might
not be used up . It shall inform the Commission of its reasons
for applying this paragraph .
Article 4
Additional shares drawn pursuant to Article 3 shall be valid
until 31 December 1987 .
Article 7
1 . The Member States shall take all measures necessary to
ensure that additional shares drawn pursuant to Article 3 are
opened in such a way that imports may be charged without
interruption against their accumulated shares of the tariff
quota .
2 . The Member States shall ensure that importers of the
products in question have free access to the shares allocated
to them .
3 . The Member States shall charge the imports of the
products concerned against their shares as and when the
product is entered with customs authorities for free
circulation .
4 . The extent to which a Member State has used up its
shares shall be determined on the basis of the imports charged
under the conditions set in paragraph 3 .
Article 5
The Member States shall return to the reserve , not later than
1 October 1987 , the unused portion of their initial share
which , on 15 September 1987 , is in excess of 20% of the
initial volume . They may return a larger quantity if there are
grounds for believing that this quantity may not be used .
The Member States- shall notify the Commission , not later
than 1 October 1987 , of the total quantities of the products
in question imported up to 15 September 1987 and charged
against the tariff quotas and of any quantity of the initial
shares returned to the reserve .
Article 8
At the Commission's request , the Member states shall inform
it of imports actually charged against their shares .
Article 9
The Member States and the Commission shall cooperate
closely to ensure that this Regulation is complied with .
Article 6
The Commission shall keep an account of the shares opened
by the Member States pursuant to Articles 2 and 3 and , as
soon as it is notified , inform each Member State of the extent
to which the reserves have been used up .
It shall inform the Member States , not later than 5 October
1987 , of the amount in the reserve after quantities have been
returned thereto pursuant to Article 5 .
Article 10
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