COUNCIL REGULATION (EC) No 2878/94 of 23 November 1994 opening and providing for the administration of Community tariff quotas for certain agricultural and industrial products (first series 1995)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 28 thereof,
Having regard to the proposal from the Commission,
Whereas production in the Community of certain agricultural and industrial products will remain in the course of 1995 unable to meet the specific requirements of the user industries in the Community; whereas, consequently, Community supplies of products of this type will depend to a considerable extent on imports from third countries; whereas the most urgent Community requirements for the products in question should be met immediately on the most favourable terms; whereas Community tariff quotas at reduced or at zero duty should therefore be opened within the limits of appropriate volumes for a period up to 31 December 1995 taking account of the need not to disturb the markets for such products nor the starting out or development of Community production;
Whereas it is necessary, in particular, to ensure for all Community importers equal and uninterrupted access to the said quotas and to ensure the uninterrupted application of the rates laid down for the quotas to all imports of the products concerned into all Member States until the quotas have been used up;
Whereas the decision for the opening of autonomous tariff quotas should be taken by the Community; whereas, to ensure the efficiency of a common administration of these quotas, there is no reasonable obstacle to authorizing Member States to draw from the quota-volumes the necessary quantities corresponding to actual imports; whereas, however, this method of administration 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 quotas are used up and inform the Member States accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
From 1 January until 31 December 1995, the customs duties applicable to imports into the Community of the products listed below shall be suspended at the levels and within the limits of the Community tariff quotas shown below:
(1) 09.2703 ex 2825 30 00 Vanadiumoxides and hydroxides, not in the form of powder, exclusively for the production of alloys (2)() 13 000 tonnes 0 31. 12. 09.2711 7202 41 91 Ferro-chromium containing by weight more than 6 % of carbon 400 000 tonnes 0 31. 12. 7202 41 09.2713 Sweet cherries, marinated in alcohol, of a diameter not exceeding 19,9 mm, stoned, intended for the manufacture of chocolate products (2)(): ex 2008 60 19 - with a sugar content exceeding 9 % by weight 2 000 tonnes 10 + AGR 31. 12. ex 2008 60 39 - with a sugar content not exceeding 9 % by weight 09.2717 ex 7202 99 19 Ferro-phosphorus containing by weight 15 % or more of phosphorus, intended for the manufacture or refined phosphoric iron or steel (2)() 45 000 tonnes 0 31. 12. 09.2719 Sour cherries (Prunus cerasus), marinated in alcohol, of a diameter not exceeding 19,9 mm, stoned, intended for the manufacture of chocolate products (2)(): ex 2008 60 19 - with a sugar content exceeding 9 % 2 000 tonnes 10 + AGR 31. 12. ex 2008 60 39 - with a sugar content not exceeding 9 % by weight 09.2727 ex 3902 90 00 Synthetic poly-alpha-olefin having a kinetic viscosity of not less than 36 × 10 6 m2 s 1 (38 centistokes) at 100 °C, measured using the ASTM D 445 method 5 500 tonnes 0 31. 12. 09.2729 ex 0811 90 99 Boysenberries, preserved by freezing, not containing added sugar, for the processing industry (2)() 1 500 tonnes 12 31. 12. 09.2731 ex 3905 90 00 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 and which is intended for the pharmaceutical industry (2)() 120 tonnes 0 31. 12. 09.2741 ex 8104 11 00 Unwrought magnesium having a purity of not less than 99,95 % in the form of ingots, intended for the manufacture of elements used in the nuclear industry (2)() 1 800 tonnes 0 31. 12. 09.2744 ex 8104 11 00 Unwrought magnesium having a purity of not less than 99,95 % in the form of ingots, for the manufacture of zirconium sponge (2)() 1 100 tonnes 0 31. 12. 09.2781 ex 7226 10 91 Flat-rolled products of silicon-electrical steel, cold-rolled, grain oriented, of a width not exceeding 500 mm, of a thickness of 0,23 mm or less, with a nominal magnetic inversion loss rate of 0,8 W/kg or less determined by the Epstein method with a current of 50 cycles and one induction of 1,7 tesla 600 tonnes 0 31. 12. 09.2791 ex 3905 90 00 Polyvinyl butyral in the form of powder, for the production of film for laminated safety glass (2)() 9 000 tonnes 0 31. 12. 09.2797 ex 8540 41 00 Magnetrons with a power output of not more than 1 000 W, for the manufacture of microwave ovens (2)() 650 000 pieces 0 31. 12. 09.2799 ex 7202 49 90 Ferro-chromium containing more than 1,5 % but no more than 4 % by weight of carbon and not more than 70 % of chromium 15 000 tonnes 0 31. 12. 09.2809 ex 3802 90 00 Acid-activated montmorillonite for the manufacture of self-copy paper (2)() 10 000 tonnes 0 31. 12. 09.2811 ex 2902 90 90 4-benzylbiphenyl 400 tonnes 0 31. 12. 09.2829 ex 3823 90 98 Solid extract of the residual insoluble in aliphatic solvents obtained during the extraction of resin from wood, having the following characteristics: 1 200 tonnes 0 31. 12. - a resin acid content by weight not exceeding 30 % - an acid number not exceeding 110, and - a melting point of not less than 100 °C 09.2837 ex 2903 40 98 Bromchloromethane 370 tonnes 0 31. 12. 09.2841 ex 2712 90 90 Blend of 1-alkenes containing by weight 80 % or more of 1-alkenes of a chain-length of 20 and 22 carbon atoms 10 000 tonnes 0 31. 12. 09.2845 ex 2914 19 00 3,3-Dimethylbutanone 750 tonnes 0 31. 12. 09.2847 ex 2914 70 90 1-Chloro-3,3-Dimethylbutanone 750 tonnes 0 31. 12. 09.2849 ex 0710 80 60 Mushrooms of the specles Auricularia polytricha, either steamed, bolled or frozen, for the manufacture of prepared meals (2)() (3)() 700 tonnes 0 31. 12. 09.2851 ex 2907 12 00 O-Cresol having a purity of not less than 98,5 % 13 000 tonnes 0 31. 12. 09.2853 ex 2930 90 80 Glutathione 15 tonnes 0 31. 12. 09.2857 ex 2902 90 90 Diisopropylnaphtalene, mixed isomers 2 000 tonnes 0 31. 12. 09.2859 ex 2909 49 90 2,2 isopropylidene-bis (p-phenyleneoxydiethanol) solid form 600 tonnes 0 31. 12. 09.2863 ex 8473 30 90 Thin-film magnetic heads of Winchester technology (microsliders) capable of recording to a density of 78 tracks or more per millimetre, for the incorporation in hard disc storage units with an external disc diameter not exceeding 8,89 cm (3,5 inches) (2)() 70 000 pieces 0 31. 12. 09.2865 ex 8540 91 00 Molybdenum chrome steel frames for the manufacture of 736,6 mm (± 1 mm) (29 inches) (2)() 400 000 pieces 0 31. 12. 09.2867 ex 3207 40 90 Glass granulate, containing by weight: 80 tonnes 0 31. 12. - 73 % or more but not more than 77 % of silicon dioxide, - 12 % or more but not more than 18 % of diboron trioxide and - 4 % or more but not more than 8 % of polyethylene glycol 09.2871 ex 7011 20 00 Glass face-plate: 650 000 pieces 0 31. 12. - with a diagonal measurement of 723 mm (± 3 mm) and of dimensions of 602 × 477 mm (± 2 mm), for the manufacture of colour cathode-ray tubes (2)() 09.2873 ex 8542 11 23 Static random access memory of C-MOS technology (C-MOS S-RAM), with a storage capacity of 32 K × 8 bits and an access line exceeding 55 ns, in the form of a monolithic integrated circuit, contained in a housing the exterior dimensions of which do not exceed 17 × 39 mm, with not more than 32 connections and bearing: 40 000 000 pieces 0 31. 12. - an identification marking consisting of or including one of the following combinations of figures and letters: KM 62 256 M5M 5 256 PD 43 - other identification markings relating to devices complying with the abovementioned description 09.2877 ex 2903 69 00 1,2-Bis(pentabromophenyl)ethane 300 tonnes 0 31. 12. 09.2881 ex 3901 90 00 Chlorosulphonated polyethylene 6 000 tonnes 0 31. 12. 1995
Article 2
The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take any appropriate administrative measures to ensure that they are managed efficiently.
Article 3
Where an importer presents a declaration covered by this Regulation for release for free circulation in a Member State, applying to take advantage of the preferential arrangements, and the entry is accepted by the customs authorities, the Member State concerned shall, by notifying the Commission, draw an amount corresponding to its requirements from the appropriate quota volume.
Requests for drawings, indicating the date on which the entries were accepted, must be sent to the Commission without delay.
Drawings shall be granted by the Commission in chronological order of the dates on which the customs authorities of the Member States concerned accepted the entries for release for free circulation, to the extent that the available balance so permits.
If a Member State does not use a drawing in full it shall return any unused portion to the corresponding quota volume as soon as possible.
If the quantities requested are greater than the available balance of the quota volume, the balance shall be allocated among applicants pro rata. The Commission shall inform the Member States of the drawings made.
Article 4
Each Member State shall ensure that importers of the products in question have equal and continuous access to the quotas for as long as the balance of the relevant quota volume so permits.
Article 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.
Article 6
This Regulation shall enter into force on 1 January 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 November 1994.