COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 24.07.1996 
COM(96)378 final 
Proposal for a 
COUNCIL REGULATION (EC) 
opening and providing for the administration of Community tariff quota for certain industrial 
products 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. Subsequent to requests made by various Member States, the Services of the 
Commission have examined, in conjunction with the Government experts 
concerned, the question of opening for the rest of 1996 tariff quotas for 
polyethylene terephthalate film and for hard disk drive. 
2. Following this examination, which took place during the "Economic Tariff 
Questions" group meetings, it has been determined that the increase of tariff 
quotas for this product could have the Agreement of the Member States 
without disturbing the markets for such products. 
L 
Proposal for a 
COUNCIL REGULATION (ECÏ 
opening and providing for the administration of Community tariff quota for certain industrial 
products 
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 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; 
Wîiereas by Regulation (EC)n°3059/951, as amended by Regulation (EC) Nol253/962, the 
Council opened, for 1996 Community tariff quotas for certain industrial products; whereas the 
volume of the quota should be opened from the date of entry intro force of this regulation 
within the limits of appropriate volumes taking into 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 authorising 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; 
HAS ADOPTED THIS REGULATION: 
Article J 
From the date of entry into force of this regulation until 31 December 1996, the customs duties 
1 O.J. n° L 326, 30.12.1995, p 19. 
2 O.J. n° L 161, 29.6.1996, p 144. 
K ^V> 
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. 
Articles 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 the 7th day following its publication in the Official 
Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, 
For the Council 
The President 
3 
ANNEX 
Order 
Number 
09.2940 
09.2941 CNCode 
ex 3920 62 10 
ex 8471 70 53 Taric 
Code 
85 
60 Description 
Polyethylene terephthalate film, 9 micrometers 
thick (+/- 0.3 micrometres) for the manufacture 
of products falling within subheading 8523 (a) 
Hard disk drive of the 3.5 or 5.25 inch type, 
with a storage capacity, formatted, not 
exceeding 18 gigabytes, for use in the 
manufacture of other products falling within 
subheading 8471 (a) Amount 
of Quota 
250 T 
5.330.00 
Ounit Quota 
Duty 
(%) 
0 
0 
(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community 
provisions. 
FINANCIAL RECORD 
1. Budget line concerned : Chap. 12 Art. 120 
2. Legal basis : Art. 28 of the Treaty 
3. Title of the tariff measure concerned : Proposal for a Council Regulation 
opening and providing for the administration of Community tariff quota for 
certain industrial products. 
4. Objective : To ensure an adequate supply for Community processing-industries. 
5. Method of calculation : 
Description 
Polyethylene 
terphthalate 
Hard disk drive Variation on 
Quantities 
(Unit/tonne) 
0 
(initial volume: 
250 T) 
0 
(initial volume : 
5 330 000 Unit Variation 
of the 
estimate 
price 
(Ecus/unit) 
0 
(initial price: 
1 875 000 
0 
(initial price -
estimated 
average 
300/Unit Variation 
on 
normal 
Duty 
rate 
0 
initial duty 
:11.1% 
0 
initial duty: 
1.6% Variation on 
Quota duty 
(%) 
0 
0 Assessed variation on 
Duty loss against the 
preceding Quota period 
(Ecus) 
208 125 
25 584 000 
Total loss of duty against the preceding Quota period : 25 792 125 Ecu 
Fight against fraude : The provisions concerning the management of tariff quotas stipulate 
the necessary measures to assure prevention and protection against fraude and irregularities. 
•5" 
ISSN 0254-1475 
COM(96) 378 final 
DOCUMENTS 
EN 02 10 
Catalogue number : CB-CO-96-378-EN-C 
ISBN 92-78-07325-3 
Office for Official PubUcatioiii of the Buropeaa Communities 
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