PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A AUTONOMOUS COMMUNITY TARIFF QUOTA FOR ANILINE
Date: 1989-07-17
Institutions: European Commission
Subjects: inorganic chemical product, tariff quota

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89) 368 final 

Brussels,  17 July 1989 

Proposal for a 

COUNCIL  REGULATION (EEC) 

opening and providing for the administration of a autonomous  Community 

tariff  quota for aniline 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1. As a result  of a  request  made by  the authorities  of Belgium,  the Services of 

the  Commission  have examined  with  government  experts  the opportunity of 

opening  a duty-free  tariff  quota  for aniline,  in order  to meet  a temporary 

shortfall  in Community  production during  the second  semester  of 1989. 

2.  Following  this examination  it appears  that  a solution  which  envisages  the 

opening  of a duty-free  tariff  quota  for this product,  limited  to 5 000 

tonnes  for a period  lasting  until 31  December  1989 could  be agreed  un 

animously  by the Member  States, without  disturbing  the  Community  market 

for the product  in question. 

It  is understood  that during  this period, the beneficiary  user  industries 

must  strive for better utilization  of  Community  production  capacity, which 

should  significantly  increase. 

This  is the purpose of the proposal. 

z 

COUNCIL  &E&ULATION  ?EEQ  NO 

of 

opening  and  providing  for the administration  of  a  autonomous  Community 

t a r i ff  quota  f or  a n i l i ne 

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 proposal  from  the Commission, 

Whereas  Community  supplies of 

a n i l i ne 

currently  depend  on imports 
from  third  countries ; whereas  it is in the Community's 
interest  to suspend  partially or totally  the customs  duties 
for  the  product  in  question,  withintCommunity  tariff 
quota  of  an appropriate  volume ; whereas in order not to 
development  prospects in respect of 
jeopardize  the 
these  products  in  the  Community  and to  ensure  an 
adequate  supply  to satisfy  user industries, it is advisable to 
open  this  duty-free  quota  for  the  period  unti L 

31  December  1989,  with  a  volume of  5  000  tomes; 

Y  a 

Whereas  equal  and continuous  access  to the quota  should 
be  ensured  for all Community  importers  and the rate of 
levy  for the  tariff  quota  should  be applied  consistently to 
nil  import*  until  the quota  in used  u p; whereas,  it 
•ir.  appropriate  to  take  the  necessary  measures 
to  ensure  efficient  Community  arininistration 
of  this  tariff  quota  while  offering  the 
Member States  the  opportunity  to  draw  from 
the  quota  volune  the  necessary  quantities 
corresponding  to  actual  imports;  whereas 
this  method  of  adninistration  requires 
close  cooperation  between  the  Member  States 
and  the  Commission; 

whoroas,  since  the Kingdom of  Belgium, the 
Kir*}dom of  the Netherlands  and the Grand 
Duchy  of  Luxembourg are united  within and 
j o i n t ly  represented  by the Benelux  Economic 
Union,  a ll  transactions  concerning the 
acrninistration of  this  quota  may be carried 
out  by any one of  its members, 

HAS  ADOPTED  THIS  REGULATION 

S 

Artikel 1 

1. from the date of entry  into force of this regulation until 
31 December 1989, the suctoms duty applicable  to the  import 
of the product  listed below shall be suspended at the level 
and within the limits of the Community  tariff quota  indi 
cated: 

Order  No 

CN  code 

Description 

09.2796 

ex2927 41 00 

Aniline 

Amount  of 
ouiff  quooi 
(ton AM) 

Ratr  of  • 

5 00U 

0 

limits  of  this 

2.  Within  the 
tariff  quota,  the 
Kingdom  of  Spain  and  the  Portuguese  Republic  shall 
apply  customs  duties  calculated  in  accordance  with  the 
relevant  provisions  in  the 

Act  of  Accession. 

Article  2 

The  tariff  quota  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  } 

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

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

The  drawings  are  granted  by  the  Commission  by 
reference  to  the  date  of  acceptance  of  the  declarations of 
entry  into  free  circulation  by  the  customs  authorities  of 
the  Member  State  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  quota 
amount. 

If  the  quantités  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 

thereof  by  the 

informed 

Commission. 

Article  4 

1.  Each Member State shall ensure that  importers 
of the product  concerned have equal and con 
tinuous access to the quota for such time as 
the residual balance of the quota volume so 
permits. 

2. The extent to wrnch the quota has been used 
up shall be determined on the basis of the 
imports of goods entered with the customs 
authorities for free circulation. 

Article 5 

Member States and the Commission shall 
collaborate closely in order to ensure that 
this Regulation is complied with. 

Article 6 

This Regulation shall enter into force on 

the seventh 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 

4 

FICHE FINANCIERE 

1. 

Ligne budgétaire concernée  : Chap.  12 art.120 

2. 

Base  juridique  : art. 28 du traité 

3. 

4* 

Intitulé  de  la  mesure  tarifaire  :  Proposition  de  règlement  du 
Conseil  portant  ouverture  et  mode  de  gestion  d'un  contingent 
tarifaire communautaire pour  l'aniline. 

Objectif 
favorables/  des industries  communautaires. 

l'approvisionnement, 

:  Assurer 

à  des  conditions 

5. 

Pertes de recettes: 

Produit 

Quantités  Prix en 
en tonnes  ECU/tonne  normal 
(en %) 

Droit 

Droit contin- 
gentaire 
(en %) 

Perte de 
recettes 
(en ECUS) 

Aniline 

5 000 

867 

I 12 

0 

I  520 200 

Nouvelle mesure tarifaire décidée à partir  du  1er janvier 1989. 

Total des pertes pour  l'année  1989 : 
442  170 écus  (1er semestre) + 520 200 écus * 962 370 écus. 

5 

FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 

La  présente  proposition  vise  l'ouverture  d'un  contingent  tarifaire 

communautaire  autonome  destiné  à couvrir/  à des conditions  favorables, les 

besoins  des  industries  utilisatrices.  Elle  aura  pour  effet  de permettre  à 

ces  industries  de concurrencer  celles  des pays tiers  sur  les marchés de la 

Communauté  et des pays  tiers  et  de maintenir  ou même  d'améliorer  l'emploi 

dans la Communauté. 

6 

Commission  of  the  European  Communities 

COM(89)  368  final 

Proposal  for  a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing  for  the  administration  of  an  autonomous  Com 
munity  tariff  quota  for  aniline 

(submitted  to  the  Council  by  the  Commission) 

17.7.1989 

Office  for  Official  Publications  of  the  European  Communities 
L  - 2985  Luxembourg 

Series:  DOCUMENTS 

1989  — 6  pp.  — Format:  21.0  x  29.7  cm 

EN 

ISSN  0254-1475 

ISBN  92-77-52099-X 

Catalogue  number:  CB-CO-89-321-EN-C 

COM(89)  368  final 

ISSN 0254-1475 

DOCUMENTS 

Proposal for  a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing for  the  administration  of 
an  autonomous  Community  tariff  quota  for 
aniline 

(submitted to the  Council  by the  Commission) 

11 

02 

Catalogue  number:  CB-CO-89-321-EN-C 

ISBN  92-77-52099-X 

€ 

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

17.7.1989