Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for certain agricultural and industrial products (third series 1993), and amending the Council Regulations (EEC) Nos. 3913/92 and 3914/92 opening and providing for the administration of Community tariff quotas for certain agricultural, chemical and industrial products
Date: 1993-07-07
Institutions: European Commission
Subjects: chemical product, industrial product, tariff quota

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

C0M(93) 274 final 

Brussels, 7 July  1993 

Proposal  for a 

COUNCIL  REGULATION 

(ÏFC.) 

opening  and providing  for  the administration of Community 
tariff quotas for certain agricultural  and  industrial  products 
(third series  1993), and amending  the Council  Regulations 
(EEC) Nos. 3913/92 and  3914/92 
opening and providing  for  the administration of Community 
tariff quotas for certain agricultural, chemical  and 
industrial  products 

(presented  by  the Commission) 

- f c-

EXPLANATORY  MEMORANDUM 

1. 

In response  to requests from Member  States  the Commission,  Jointly 

with  the appropriate government  experts, has been  considering  the 

desirability of opening on  the one hand new tariff  quotas for  various 

agricultural  and  industrial  products  for  the second  six-months of 

1993, and on  the other  hand, of amending  Regulations  (EEC) Nos 

3913/92 of  17.12.1992*1>  and  3914/92 of  19.12.1992 (1). 

2. 

With  respect  to the opening of new quotas, the study of  the question 

at meetings of  the Economic Tariff  Problems Group, most  recently on 7 

April  1993,  indicated  that  agreement  would be forthcoming  from  the 

Member  States on  tariff  quotas  for  the following  products with no 

resultant  disturbance of  the markets  concerned: 

- 

Eels 

5 000 T at 0% 

Solid extract of  rosin 

600 T at 0% 

Ferro-chromium 

250 000 T at 0% 

Diisopropyinaphtalene. 

500 T at 0% 

mixed  isomers 

2,2  isopropyHdene-bis(p- 

480 T at 0% 

phenyIeneoxyd i ethanoI 

IsopropyIidene-bis(p- 

150 T at 0% 

phenoxyethyI)dimethacrylate 

3. 

With  respect  to the amendment  of  the above-mentioned  regulations, it 

is recalled  that  the Council  opened  various tariff  quotas for  1993 by 

these regulations.  One of  these  tariff quotas was  ferro-chromium 

with 6% carbon  (order No 09.2711) and the volume was fixed at 300 000 

tonnes; another was  for certain  types of mushroom  (order  No 09.2849) 

ami the volume was fixed at 410 tonnes. 

(1)  O.J. No L 395 of  31.12.1992 

It seems absolutely  necessary  to  increase the volume of  the first 

quota and  to extend  the scope of  the second of  these quotas  if the 

needs of Community  industries are to be satisfied. 

It emerges that 

a)  consumption  of  ferro-chromium with 6% carbon  is expected  to reach 

a  level  equivalent  to 1992 and, since  there has been no change  in 

the structure or  volume of Community  supply,  the demand  for non-

preferential  imports  from non-member  countries should  reach  the 

level of 550 000 tonnes; 

b)  the description of  the quota opened  for certain  types of mushroom 

should  be widened  in order  to enable  it to be used  fully. 

The Commission  proposes  that  the quota  for  ferro-chromium  with  6% 

carbon be  increased  by 250 000 tonnes, and  to simplify  the 

description of  the quota opened  for certain  types of  mushroom. 

Such  is the purpose of  this proposal. 

sal  fix 
Proposa Tfîor a 

COUNCIL  REGULATION  (EEC) No 

./93 

of 

opening  and  providing  for  the  administration  of  Community  tariff  quotas  for 

certain  agricultural  and  industrial 

(3rd  series  1993),  and 

amending  the  Council  Regulations  (ŒC)  Nos  3913/92  and 3914/92,  opening and 
providing  for  the  administration  of  Community  t a r i ff  quotas  for  certain 

agricultural,  chemical  and  industrial  products 

is 

to 

these  q u o t a s, 

Whereas  the  d e c i s i on  f or  the  o p e n i n g, 
of  autonomous  t a r i ff  quotas  should be 
taken  by  the  Community;  whereas, 
ensure  the  e f f i c i e n cy  of  a  common 
a d m i n i s t r a t i on  of 
t h e re 
no  reasonable  o b s t a c le  to  a u t h o r i s i ng 
the  Member  States  to  draw  from  the 
quota-volumes  the  necessary  q u a n t i t i es 
c o r r e s p o n d i ng  to  a c t u al 
t h is  method  of  a d m i n i s t r a t i on 
c l o se  c o o p e r a t i on  between  the  Member 
States  and  the  Commission  and  the 
must 
the  r a te  at  which  the  quotas  a re  used  up 
and  Inform  the  Member  S t a t es 
a c c o r d i n g l y; 

In  p a r t i c u l ar  be  able  to  monitor 

i m p o r t s;  whereas 

r e q u i r es 

l a t t er 

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  applica 
tion  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 ; 

THE  COUNCIL  OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European 
Economie  Community,  and  in  particular  Article  28 
thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas  production  in the Community  of  certain  indus 
trial  products will  remain  in the course of the  second  half 
of  1*93  and of  the first  half  of  1994, 

unable  to  meet  the specific  requirements  of the 
user 
industries  in  the  Community ;  whereas,  conse 
quently,  Community  supplies  of products of this  type will 
depend  to  a  considerable  extent  on  imports  from  third 
countries ; whereas  the most  urgent  Community  require 
ments  for the products  in question  should  be met imme 
diately  on  the  most  favourable  terms ; whereas  Commu 
nity  tariff  quotas  at zero  duty  should  therefore  be opened 
within  the limits of appropriate volumes  for a period  from 
l  July  1993, and 
December 1993 or until  30 June  1994,  taking  account  of the 
need  not to disturb the markets for such  products nor the 
starting out or development  of Community  production ; 

,  until 31 

Whereas by Regulation  (EEC) No 3913/92('), the Council 
opened,  for  1993, Community  tariff  quotas  for  certain 
industrial  products,  and  in  particular  ferro-chromium 
containing  by  weight  more  than  6 %  of  carbon  (order 
No  09.2711); 
whereas current  economic  data suggests  that  Community 
demand  for  non-Community  imports  of  the  product  in 
question  could  in  the  course  of  the  year  exceed  the 
volume  laid  down  in the above  Regulation ; whereas the 
tame  is  tree  of  synthetic  poly-alpha-olefin ; whereas the 
volume  of  the  quota 
in  question  should  therefore  be 
increased ; 

Whereas by  Regulation  (EEC)  No 3914/92  (1),  the 
Cowncil  opened,  for  1993,  a  Ccmrrity  t a r i ff 
quota  for  certain  types  of  Bushrooro; 

Whereas  the  benefit  of  this  quota  should be 
extended  to  other  import  needs  and the  description 
of  this  quota  should  consequently  be amended; 

Whereas, since  the Kingdom  of Belgium, the Kingdom of 
the  Netherlands  and the  Grand  Duchy  of  Luxembourg 
are  united  within  and jointly  represented  by the  Benelux 
Economic  Union,  all  transactions  concerning  the  admi 
nistration  of  the  quantities  drawn  by  that  economic 
union  may be  carried  out  by  any one  of  its  members, 

HAS  ADOPTED  THIS  REGULATION 

Article  1 

(') OJ No L 370,  31. 12.  1991 

1. 

From  1  July 

,  a n d/ 

as 

appropriate  unti I 31 December  1993 or  30 Jine  iy94, 
the  d u t i es  applicable  to  imports  of  the  following  products  shall  be 
suspended  at  the  levels  and  up  to  the  limits  of  the 
Community  tariff  quotas  shown  below : 

Order Nô 

CN  code 
(•) 

09.27U1 

ex  0301 92 00 
!ex  0302 66 00 
ex  0303 76 00 

09.2829 

ex  3823  90  98 

— 1> 

inscription 

Eels  (Anguilla 
spp.), live,  fresh,  chilled  or 
frozen,  intended  for  processing  by  curing 
or  skinning  enterprises  ot  for  use  in  the 
industrial  manufacture  of  products  falling 
within  CN  code  1604  (a) 

Solid  extract  of  the  residuai 
insoluble  in  aliphatic  solvents 
obtained  during  the  extraction  of  rosin  from  wood,  having  the 
following  characteristics: 

—  a  resin  acid  content  by  weight  not  exceeding  3 0 %, 

—  an  acid  number  not  exceeding  110,  and 

—  a  melting  point  of  not  less  than  100°C 

Amount of 

(in tonnes}  j 

5 000 -t 

^iU: 

' 3 Û . 6 .W 

600 

31.12.1993 

09.2857 

PX2902 90 90 

Diisopropylnaphtalene,  mixed  isomers 

09.2859 

bx2909 49  9d 

2,2  iscprxpylioene-bis(p-phenyleneoxydiethanol) 

500 

480 

31J2J993 

31.12.1993 

09.2861 

b<2916 14 00|  Isoprxpyliclere-bis(pr-pherioxyethyl)  dimethacry-

150 

31.12.1993 

late 

(1)  See Taric  codes  in  the  Annex. 
(a)  The end-use of  this  product  w i ll  be monitored  in  accordance  with  the  relevant  Community 

provisions. 

2.  For order  Nos  09.2711 

, the  table  in  Article  1 (1) of  Regulation  (EEC)  No  3913/92  is 

hereby  replaced  by  the  following  table : 

'Order 
No 

CN  code 

Description 

09.2711 

7202 41 90 

Ferro-chromium 
containing  by  weight 
more 
than  6 %  of 
carbon 

Quota 
volume 
(tonnes) 

Quota 
duty 
(%) 

550 000 

0 

Quota 
period 

from  1.  1  to 
31.  12.  1992 

3.  For  order  No 09.2849,  the  table  in  Article  1(1)  of  Regulation  No 3914/92  is 

hereby  replaced  by  the  following  table: 

Order  ~ 
No 

CN code 

09.2849 

ex 0710  80  60 

Description 

Quota 
volune(T) 

Quota 
dutyO) 

Quota 
period 

Mushrooms  of  the  species  Auricularia  polytricha  steamed  or 
boiled,  cut  into  strips  of  a  width  of  6 mm  or  more  but  not  more 
than  8  mm,  for  the  manufacture  of  prepared  meals  (a) 

420 

0 

from  1.1  to 
31.12.1993 

ç 

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. 

for  release  for  free  circulation,  to  the  extent  that  the  avai 
lable  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  allo 
cated  among  applicants  pro  rata.  The  Commission  shall 
inform  the  Member  States  of  the  drawings  made. 

Article  3 

Article  4 

Where  an  importer  submits  a  product  covered  by  this 
Regulation  for  release  for  free  circulation  in  a  Member 
State, applying  to  take  advantage  of  the  preferential  arran 
gements,  and  the  entry  is  accepted  by  the customs  autho 
rities, the  Member  State  concerned  shall,  by  notifying  the 
Commission,  draw  an  amount  corresponding  to  its  requi 
rements  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. 

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 

Member  States  and 
closely  to  ensure  that  this  Regulation  is complied  with. 

the  Commission  shall  cooperate 

Article  6 

Drawings  shall  be  granted  by  the  Commission  in  chrono 
logical  order  of  the  dates  on  which  the  customs  authori 
ties  of  the  Member  States  concerned  accepted  the  entries 

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 

Done  at  Luxembourg, 

For  the  Council 

The  President 

-y-

A N N £ :X 

Tarie  codes 

O r d er  N' 

CN  codes 

T a r ie  codes 

09.2701 

09.2829 

09.2849 

09.2857 

09.2859 

09.2861 

ex0301 
ex0302 
ex0303 

92 00 
66 00 
76 00 

ex3823 

90 98 

ex0710 

80 60 

ex2902 

90 90 

ex2909 

49 90 

ex2916 

14 00 

0301 92 
0302 66 

0 0 * 10 
0 0 * 10 
0 0 * 10 

0303 76 

98*50 

3823 90 

60*10 

0710 80 

90*80 

2902 90 

90*10 

2909 49 

00*20 

2916 14 

-  S— 

FINANCIAL RECORD 

1. 

Budget  line concerned  : Chap. 12 Art. 120 

2. 

LeoaI  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 quotas for certain agricultural  and  industrial  products (third 
series  1903), and amending the Council  Regulations Nos. 3913/92 and 
3014/92 opening and providing  for  the administration of Community 
tariff quotas for certain agriculture!, chemical  and  industrial 
products. 

4. 

Qtoi»ctiye  : To ensure an adequate supply for Community user-
industries 

*• 

léittati Qf  ça'ÇuUtiftr» : 

Normal 
rate 
(*) 

Quota duty 

Duty-Ioss 

(%) 

(€CU) 

3 

7 ,6 

6 ,3 

f ,S 

90S  5&0 

50  251 

26  820  000 

31  500 

1 1*  170 

Description of 
the products 

Ouant ities 

<T) 

Pr ice 
ECU/un i t 

* 

& 000 

*  «17 

•00 

1  102 

Solid extract 
©f resin 

Ferro-chromium 

250 000 

1  341 

600 

1  000 

4m 

.3  ®*7 

Oi isoprepyln*ph 
tal#r»e, mixed 
isomers 

t ,2 

isofpropyl  i* 
êsi»s 
fais(p-pfr»-
* y f * m e x yd isifea-
M i) 

»4»Ci  P*mr*oxy-

iscrr4tt« 

A * * t t i * f t at  d u t y - I s **  f#r 

i * fi 

:  2*  0*2  4#3  ICU 

I K} 

7  111 

7 ,4 

0 

78  *32 

• o-

ISSNÛ254-1475 

C0M(93) 274 final 

DOCUMENTS 

EN 

1102 

Catalogue number : CB-CO-93-304-EN-C 

ISBN 92-77-56720-1 

Office for Official Publications of the European Communities 
Lr2985 Luxembourg