1996R2505 — EN — 01.01.2008 — 023.001

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COUNCIL REGULATION (EC) No 2505/96

of 20 December 1996

opening and providing for the administration of autonomous Community tariff quotas for certain agricultural and industrial products

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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 be insufficient 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 zero duty should therefore be opened within the limits of appropriate volumes 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 the 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; Whereas production in the Community of certain industrial products will remain, in the course of 1996, 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, by Regulation (EC) No 3059/95 ( 1 ), the Council opened, for 1996, Community tariff quotas for certain agricultural and industrial products; whereas the volume of the quota for ferro-chromium (Order No 09.2711), for isopropylidene-bis (Order No 09.2859) and for oscillator (Order No 09.2939) should be increased; Whereas the existing regulations opening autonomous Common Customs Tariff duties on certain industrial and agricultural products have largely renewed previous measures; whereas, therefore, in the interests of rationalizing implementation of the measures concerned, it would seem appropriate not to limit the period of validity of this Regulation as its scope can be adapted and products added to or removed from the list through a Council regulation, if necessary; whereas the transfer of unused quantities from one quota period to a subsequent one is not permissible; Whereas the amendments to the combined nomenclature and the Taric codes do not give rise to any substantive amendment; whereas, for reasons of simplification, provision should be made to empower the Commission, following receipt of the opinion of the Customs Code Committee, to make the necessary amendments and technical adaptations of the Annex to this Regulation, including the publication of a consolidated version; Whereas it should be possible for this procedure to be applied in order to speed up the procedure where it becomes clear during a calendar year that an increase of a tariff quota or extension of a quota period is required; whereas such measures shall be considered to be temporary ones pending expiry of the relevant calendar year, HAS ADOPTED THIS REGULATION:







Article 1

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1. The import duties on the goods listed in Annexes I and III shall be suspended at the indicated duty rate for the periods and in the amounts indicated therein.

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2. In Regulation (EC) No 3059/95, the table shown in the Annex shall be replaced, for Order Nos 09.2711, 09.2859 and 09.2939, by the table shown in Annex II to this Regulation.

Article 2

The tariff quotas referred to in Article 1 shall be managed by the Commission, which may take all appropriate administrative measures in order to ensure effective administration thereof.

Article 3

If an importer presents in a Member State an entry for release for free circulation, including a request for preferential benefit for a product covered by this Regulation and if this entry for release is accepted by the customs authorities, the Member States concerned shall inform the Commission and draw an amount corresponding to its requirements from the corresponding quota amount.

The drawing request, with indication of the date of acceptance of the said entries, must be transmitted to the Commission without delay.

The drawings are granted by the Commission by reference to the date of acceptance of the entries for release for free circulation by the customs authorities of the Member States concerned to the extent that the available balance so permits.

If a Member State does not use the quantities drawn it shall return them as soon as possible to the corresponding quota amount.

If the quantities requested are greater than the available balance of the quota amount, allocation shall be made on a pro rata basis with respect to the requests. Member States shall be informed by the Commission of the drawings made.

Article 4

Each Member State shall ensure that importers of the products concerned have equal and uninterrupted access to the quotas for such time as the residual balance of the quota volumes so permits.

Article 5

The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with.

Article 6

The amendments and technical adaptations, including the publication of a consolidated version, arising from amendments of the combined nomenclature and Taric codes shall be adopted by the Commission in accordance with the procedure laid down in Article 7.

If it becomes apparent during a calendar year:

— a quota quantity is not sufficient to satisfy the needs of the Community industry, taking into account the production capacity inside the Community, or

— a prolongation of a tariff quota whose validity period has been limited is necessary beyond this period to satisfy the needs of the Community industry, taking into account the production capacity inside the Community,

the quota concerned may, until the end of the calendar year, be increased by not more than 50 % or the quota period extended for a period not exceeding six months in accordance with the procedure laid down in Article 7.

Article 7

1. The Commission shall be assisted by the Customs Code Committee set up by Article 247 of Council Regulation (EEC) No 2913/92 ( 2 ).

2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

The Commission shall adopt measures, which shall apply immediately. However, if those measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission shall defer application of the measures upon which it has decided for three months from the date of such communication.

The Council, acting by qualified majority, may take a different decision within the time limit referred to in the previous paragraph.

3. The Committee may examine any question concerning the application of this Regulation which is raised by its chairman, either on his own initiative or at the request of a Member State.

Article 8

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 1997 with respect to Annex I and from 1 January 1996 with respect to Annex II.

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

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ANNEX I







Order No CN code TARIC Description Quota period Quota volume Quota duty 09.2849 ex071080 69 10 Mushrooms of the species Auricularia polytricha (uncooked or cooked by steaming or boiling), frozen, for the manufacture of prepared meals (1) (2) 1.1.-31.12. 700 tonnes 0 % 09.2713 ex200860 19 ex200860 39 10 10 Sweet cherries, preserved in alcohol, of a diameter not exceeding 19,9 mm, stoned, for use in chocolate products: — with a sugar content exceeding 9 % by weight — with a sugar content not exceeding 9 % by weight (1) 1.1-31.12. 2 000 tonnes 10 % (3) 09.2719 ex200860 19 ex200860 39 20 20 Sour cherries (Prunus cerasus), preserved in alcohol, of a diameter not exceeding 19,9 mm, for use in chocolate products: — with a sugar content exceeding 9 % by weight — with a sugar content not exceeding 9 % by weight (1) 1.1.-31.12. 2 000 tonnes 10 % (3) 09.2913 ex240110 41 ex240110 49 ex240110 50 ex240110 70 ex240110 90 ex240120 41 ex240120 49 ex240120 50 ex240120 70 ex240120 90 10 10 10 10 10 10 10 10 10 10 Natural unmanufactured tobacco, whether or not cut in regular size, having a custom value of not less than EUR 450 per 100 kg net weight, for use as binder or wrapper for the manufacture of goods falling within subheading 2402 10 00 (1) 1.1-31.12. 6 000 tonnes 0 % 09.2841 ex271290 99 10 Blend of 1-alkenes containing 80 % by weight or more of 1–alkenes of a chain-length of 20 and 22 carbon atoms 1.1.-31.12. 10 000 tonnes 0 % 09.2703 ex282530 00 10 Vanadium oxides and hydroxides exclusively for use in alloys (1) 1.1-31.12. 13 000 tonnes 0 % (4) 09.2806 ex282590 40 30 Tungsten trioxide 1.1.-31.12. 12 000 tonnes 0 % 09.2611 ex282619 90 10 Calcium fluoride having a total content of aluminium, magnesium and sodium of 0,25 mg/kg or less, in the form of powder 1.1.-31.12. 55 tonnes 0 % 09.2837 ex290349 80 10 Bromochloromethane 1.1.-31.12. 600 tonnes 0 % 09.2933 ex290369 90 30 1,3-Dichlorobenzene 1.1.-31.12. 2 600 tonnes 0 % (4) 09.2950 ex290559 10 10 2-Chloroethanol, for the manufacture of liquid thioplasts of subheading 4002 99 90 (1) 1.1.-31.12. 12 000 tonnes 0 % 09.2851 ex290712 00 10 O-Cresol having a purity of not less than 98,5 % by weight 1.1.-31.12. 20 000 tonnes 0 % (4) 09.2624 2912 42 00 Ethylvanillin (3-ethoxy-4-hydroxybenzaldehyde) 1.1.-31.12. 600 tonnes 0 % (4) 09.2972 2915 24 00 Acetic anhydride 1.1.-31.12. 20 000 tonnes 0 % 09.2618 ex291819 85 40 (R)-2-Chloromandelic acid 1.1.-31.12. 100 tonnes 0 % (4) 09.2808 ex291822 00 10 o-Acetylsalicylic acid 1.1.-31.12. 120 tonnes 0 % 09.2975 ex291830 00 10 Benzophenone-3,3’:4,4’-tetracarboxylic dianhydride 1.1.-31.12. 600 tonnes 0 % 09.2602 ex292151 19 10 o-Phenylenediamine 1.1.-31.12. 1 800 tonnes 0 % (4) 09.2977 2926 10 00 Acrylonitrile 1.1.-30.6.2008 35 000 tonnes 0 % (4) 09.2030 ex292690 95 74 Chlorothalonil 1.1.-31.12. 1 500 tonnes 0 % 09.2002 ex292800 90 30 Phenylhydrazine 1.1.-31.12. 1 000 tonnes 0 % 09.2917 ex293090 13 90 Cystine 1.1.-31.12. 600 tonnes 0 % (4) 09.2603 ex293090 85 79 Bis(3-triethoxysilylpropyl)tetrasulfide 1.1.-31.12. 6 500 tonnes 0 % (4) 09.2810 2932 11 00 Tetrahydrofuran 1.1-31.12. 20 000 tonnes 0 % 09.2955 ex293219 00 60 Flurtamone (ISO) 1.1.-31.12. 300 tonnes 0 % (4) 09.2812 ex293229 85 77 Hexan-6-olide 1.1.-31.12. 3 000 tonnes 0 % 09.2615 ex293499 90 70 Ribonucleic acid 1.1.-31.12. 110 tonnes 0 % 09.2619 ex293499 90 71 2-Thienylacetonitrile 1.1.-31.12. 80 tonnes 0 % 09.2945 ex294000 00 20 D-Xylose 1.1.-31.12. 400 tonnes 0 % (4) 09.2908 ex380400 90 10 Sodium lignosulphonate 1.1.-31.12. 56 000 tonnes 0 % 09.2889 3805 10 90 Sulphate turpentine 1.1.-31.12. 20 000 tonnes 0 % 09.2935 3806 10 10 Rosin and resin acids obtained from fresh oleoresins 1.1.-31.12. 200 000 tonnes 0 % (4) 09.2814 ex381590 90 76 Catalyst consisting of titanium dioxide and tungsten trioxide 1.1.-31.12. 800 tonnes 0 % (4) 09.2829 ex382490 97 19 Solid extract of the residual, insoluble in aliphatic solvents, obtained during the extraction of rosin from wood, having the following characteristics: — a resin acid content not exceeding 30 % by weight, — an acid number not exceeding 110 — and — a melting point of 100 °C or more 1.1.-31.12. 1 600 tonnes 0 % (4) 09.2914 ex382490 97 26 Aqueous solution containing not less than 40 % by weight of dry betaine-extract and between 5 % and 30 % by weight of organic or inorganic salts 1.1.-31.12. 5 000 tonnes 0 % (4) 09.2986 ex382490 97 76 Mixture of tertiary amines containing: — 60 % by weight of dodecyldimethylamine, or more — 20 % by weight of dimethyl(tetradecyl)amine, or more — 0,5 % by weight of hexadecyldimethylamine, or more, for use in the production of amine oxides (1) 1.1-31.12. 14 315 tonnes 0 % (4) 09.2907 ex382490 97 86 Mixture of phytosterols, in the form of powder, containing by weight: — 75 % or more of sterols, — not more than 25 % of stanols for use in the manufacture of stanol/sterol esters (1) 1.1.-31.12. 2 500 tonnes 0 % (4) 09.2140 ex382490 97 98 Mixture of tertiary amines containing by weight: — 2,0-4,0 % of N,N-dimethyl-1-octanamine — 94 % minimum of N,N-dimethyl-1-decanamine — 2 % maximum of N,N-dimethyl-1-dodecanamine 1.1.-31.12. 4 500 tonnes 0 % 09.2992 ex390230 00 93 Propylene-butylene copolymer, containing by weight not less than 60 % but not more than 68 % of propylene and not less than 32 % but not more than 40 % of butylene, of a melt viscosity not exceeding 3 000 mPa at 190 °C, as determined by the ASTM D 3236 method, for use as an adhesive in the manufacture of products falling within subheading 4818 40 (1) 1.1.-31.12. 1 000 tonnes 0 % 09.2947 ex390469 90 95 Poly(vinylidene fluoride), in powder form, for the preparation of paint or varnish for coating metal (1) 1.1.-31.12. 1 300 tonnes 0 % 09.2604 ex390530 00 10 Poly(vinyl alcohol) partially acetalized with 5-(4-azido-2-sulfobenzylidene)-3-(formylpropyl)-rhodanine, sodium salt 1.1.-31.12. 100 tonnes 0 % 09.2616 ex391000 00 30 Polydimethylsiloxane with a degree of polymerisation of 2 800 monomer units (±100) 1.1.-31.12. 1 300 tonnes 0 % (4) 09.2816 ex391211 00 20 Cellulose acetate flakes for use in the manufacture of cellulose acetate filament tow (1) 1.1.-31.12. 22 500 tonnes 0 % (4) 09.2818 ex690290 00 10 Refractory bricks with — an edge length of more than 300 mm and — a TiO2 content of no more than 1 % by weight and — a Al2O3 content of no more than 0,4 % by weight and — a change in volume of less than 9 % at 1 700 °C 1.1.-31.12. 75 tonnes 0 % 09.2628 ex701952 00 10 Glass web woven from glass fibre coated in plastic, of a weight of 120 g/m2 (±10 g/m2), of a type used in rolling insect screens with fixed frames 1.1.-31.12. 350 000 m2 0 % 09.2799 ex720249 90 10 Ferro-chromium containing 1,5 % or more but not more than 4 % by weight of carbon and not more than 70 % of chromium 1.1.-31.12. 50 000 tonnes 0 % 09.2629 ex761699 90 85 Aluminium telescopic handle for use in the manufacture of luggage (1) 1.1.-31.12. 240 000 units 0 % (4) 09.2763 ex850140 80 30 Electric AC commutator motor, single-phase, with an output exceeding 750 W, an input power of more than 1 600 W but not exceeding 2 700 W, an external diameter of more than 120 mm (0,2 mm) but not exceeding 135 mm (0,2 mm), a rated speed of more than 30 000 rpm but not exceeding 50 000 rpm, equipped with air-inducting ventilator, for use in the manufacture of vacuum cleaners (1) 1.1.-30.6.2008 1 150 000 units 0 % 09.2620 ex852691 20 20 Assembly for GPS system having a position determination function 1.1.-31.12. 1 000 000 units 0 % 09.2003 ex854370 90 63 Voltage controlled frequency generator, consisting of active and passive elements mounted on a printed circuit, contained in a housing whose dimensions do not exceed 30 × 30 mm 1.1.-31.12. 1 400 000 units 0 % (1) Entry under this subheading is subject to conditions laid down in the relevant Community provisions (see Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 — OJ L 253, 11.10.1993, p. 71 and subsequent amendments). (2) However, the tariff quota is not allowed where processing is carried out by retail or catering undertakings. (3) The specific additional duty is applicable. (4) New or amended position.

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ANNEX II







Order No CN code Taric code Description Amount of quota Quota duty (%) Quota period 09.2711 7202 41 10 — Ferro-chromium — containing by weight more than 4 % of carbon 770 000 tonnes 0 1.1 - 31.12.1996 7202 41 91 7202 41 99 09.2859 ex290949 90 10 2,2′-Isopropylidene-bis (p-phenyleneoxy) diethanol solid form 1 300 tonnes 0 1.1 - 31.12.1996 09.2939 8543 89 90 59 Voltage controlled oscillator (VCO), excluding temperature compensating oscillator, consisting of active and passive elements mounted on a printed circuit contained in a housing bearing: — an identification marking consisting of or including one of the following combinations of figures and letters: 1012TDK, 1019TDK, EK304, MQC403, MQC404, MQE001, MQE041, MQE042, MQE051, MQE201, MQE411, MQE501, URAE8X956A, URAB8, URAE8X960A, VD2S40, VD2S41, VD5S07 — or other identification markings relating to devices complying with the abovementioned description 6 870 000 units 0 1.7 - 31.12.1996

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ANNEX III







Order No CN code Taric code Description Amounnt of quota (tonnes) Quota duty ( %) Quota period 09.2921 Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, cold-rolled (cold-reduced) not clad, plated or coated: 360 0 1.1 to 31.12.2003 ex720916 90 10 of a thickness exceeding 1 mm but less than 3 mm ex720917 90 10 of a thickness of 0,5 mm or more but not exceeding 1 mm (1) 09.2922 Flat-rolled products of stainless steel, of a width of 600 mm or more not further worked than cold-rolled (cold-reduced): 900 0 1.1 to 31.12.2003 ex721932 10 11 12 of a thickness of 3 mm or more but not exceeding 4,75 mm; containing by weight 2,5 % or more of nickel ex721933 10 11 12 of a thickness exceeding 1 mm but less than 3 mm; containing by weight 2,5 % or more of nickel ex721934 10 11 12 of a thickness of 0,5 mm or more but not exceeding 1 mm; containing by weight 2,5 % or more of nickel (1) 09.2923 ex722790 95 15 Special wire rod for the manufacture of oil-tempered valve spring wire with a diameter of 5 mm or more but not exceeding 15 mm, of other alloy steel containing by weight: 0,5 % or more but not more than 0,8 % of carbon 0,1 % or more but not more than 1,7 % of silicon 0,5 % or more but not more than 0,8 % of manganese 0,03 % or less of sulphur 0,03 % or less of phosphorus 0,4 % or more but not more than 0,8 % of chrome 0,1 % or more but not more than 0,3 % of vanadium 5 000 0 1.1 to 31.12.2003 09.2927 Flat-rolled products of stainless steel, of a width of 600 mm or more not further worked than cold-rolled (cold-reduced): 1 200 0 1.1 to 31.12.2003 ex721933 10 13 14 15 16 17 18 of a thickness exceeding 1 mm but less than 3 mm; containing by weight 2,5 % or more of nickel ex721934 10 13 14 15 16 17 18 of a thickness of 0,5 mm or more but not exceeding 1 mm; containing by weight 2,5 % or more of nickel (1) (1) The abovementioned products must, in addition, comply with the following physical specifications: Note: the composition of products (a), (b) and (c)(i) to (vi) may vary within the limits of the standards in force relating to analysis.