Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quotas for certain industrial, fishery and agricultural products and modifying Regulation (EC) 2878/94 opening and providing for the administration of Community tariff quota for certain industrial products (4 series 1995)
Date: 1995-07-06
Institutions: European Commission
Subjects: freshwater fish, import, industrial product, tariff quota, third country, tobacco

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  06.07.1995 
COM(95)  321  final 

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Proposal  for a 

COUNCIL  REGULATION  (EO 

opening and providing for the administration of 
Community tariff quotas for certain industrial ,fishery and agricultural products 
and modifying Regulation (EC) 2878/94 opening and providing for the administration of Community 
tariff quota for certain industrial products. 
(4 series  1995) 

(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 in 1995 tariff quotas for various products. 

Following this examination, which took place during the "Economic Tariff Questions" group 
meetings, it has been determined that the opening of tariff quotas for the following products 
could have the agreement of the Member States without disturbing the markets for such 
products: 

Vinyl acetate 
Ferro-chromium 4-6 
Ferro-silico-chromium 
Waste and scarp of molybdenum 
Masks 
Eels 
Magnetrons 
Dianol 220 
Natural tobacco 
Silicon dioxide 

10.000 T 
10.000 T 
20.000 T 
320 T 
1.500.000 pieces 
4.000 T 

500 000 pieces 
400 T 
3.000 T 
60 T 

at 5,5% 
at 0% 
at 0% 
at 0% 
a|.0% 
at0*/o 
at 0% 
at 0% 
at0% 
at0% 

SL 

Proposal for a 

COUNCIL REGULATION (EC) No 

.795 

of 

opening and providing for the admimstration of Community tariff quotas 
for certain industrial and fishery and agricultural products and modifying Regulation (EC) 2878/94 
opening and providing for the administration of Community tariff quota for certain industrial 
products(4th 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 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 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 by Regulation (EC)n°2878/941  the Council 
opened, for  1995 Community tariff quotas for certain 
industrial and fishery products, and in particular for 
magnetrons (order number 09.2797 and for dianol 220 
(order number 09.2859) 

Whereas current economic data suggests that the Community 
demand non-Community imports of the products in question 
could in the course of the year exceed the volumes laid down 
in the above Regulation, whereas the volume of the quota in 
question should therefore be increased; 

Whereas it is necessary, in particular, to ensure for all 
Community importers equal 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 
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 

1. 
From the date of entry into force of the present 
regulation, to the date specified  in the following table, 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 O.J. n°L 304, 29.11.1994,  PI 

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. 

Drawing 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 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 complies with. 

Article 6 

This regulation shall enter into force on the 3rd 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. 

In the Regulation (EC) n° 2878/94 l  the table shown in Article 1  is replaced, for the order n° 09.2797 and 09.2859, by the 
following table 

Order 
number 

Of Code 

Description 

Amount of 
quota 

Quota 
duty 
(%) 

End of 
quota period 

09.2797 

ex 85404100 

Magnetrons witii a power output of not tone tbaa 
p*s I.QOQ watt, for the manufacture of microwave 
oven(a) 

1.150 000 
pieces 

09.2859 

ex 29094990 

2^-Isopropyfkiese4»(p-phcnyteneox]rfM&aBol) 
•ofidficm 

Î.O00T 

0 

0 

31.12.1995 

31.12.1995 

a)  Checks on meir prescribed end ose shaB be carried pufsuant to the rekwaffil Community provisions. 

Order 
number 

CN Code 

TARIC 
code 

Description 

Amount of 
quota 

Quota 
duty 
(% 

End of 
quota  period 

09.2897 

29153200 

Vinyl Acetate 

10.000 T 

5,5 

31.12.1995 

09.2899 

72024110 

Ferro-chromium containing by weight more than 
4% but not more than 6% of carbon 

09.2900 

72025000 

Ferro-silico-chromium 

09.2911 

81029190 

Waste and scarp of  molybdenum 

Flat masks with a diagonal measurement of 31. 5cm 
(± 0,5 cm), 34cm (+ 0,5 cm),or 39cm 
(±0,5  cm) 

Natural, unmanufactured  tobacco, whether or not 
cut in regular size, having a custom value of not 
less than [450] [500] ECU per  100 kg net weight, 
for use as binder or wrapper for the manufacture of 
goods falling under subheading 2402  10 00(a) 

09.2912 

ex 85409100 

•97 

09.2913 

ex 24011049 
ex 24011050 
ex 24011070 
ex 24011090 
ex 24012049 
ex 24012050 
ex 24012070 
ex 24012090 

•10 
•10 
•10 
•10 
*10 
*10 
•10 
•10 

09.2915 

ex38239098 

•61 

10.000 T 

20.000 T 

320 T 

1.500.000 
pieces 

1 
3.000 T 

0 

0 

0 

0 

0 

31.12.1995 

31.12.1995 

31.12.1995 

31.12.1995 

31.12.1995 

Silicon dioxide having a purity in weight of 99% of 
Si02, on the spherical partiels, dispersed in 
monoethylene glycol 

60 T 

0 

31.12.1995 

a)  Checks on their prescribed end use shall be carried pursuant to the relevant Community provisions. 

From the  1st of July  1995 and till the 30 June 1996, the customs duties applicable to imports into the Community of the 

2. 
products listed below shall be suspended at the levels and within the limits of the Community tariff quotas shown below: 

Order 
number 

CN Code 

Description 

09.2701 

ex 03019200 
ex 03026600 
ex 03037600 

•10 
•10 
•10 

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

Amount of 
quota 

Quota 
duty 
(%) 

End of 
quota  period 

4..000 T 

0 

30.06.1996 

a)  Checks on their prescribed end use shall be carried pursuant to the relevant Community provisions. 

G 

FINANCIAL RECORD 

1. 

Budget line concerned  : Chap. 12 Art. 120 

2. 

3. 

4. 

5. 

Legal basis : Art. 28 of the Treaty 

Title of the tariff measure concerned  : Proposal for a Council Regulation opening and 
providing for the administration of Community tariff quotas for certain industrial and  fishery 
and agricultural products  and modifying Regulations (EC) 2878/94 opening and providing 
for the administration of Community tariff quota for certain industrial products.. 

Objective  : To ensure an adequate supply for Community user-industries. 

Method of calculation : 

Description 

Quantities 

Price 
Ecus/unit 

Normal  rate 
(%) 

Quota  duty 
(%) 

Duty loss 
(Ecus) 

Vinyl acetate 

10.000 T 

997 

10,9 

1 

5,5 

Ferro-chromium 4-6 

10.000 T 

633 

7,2 

Ferro-silico-chromium 

20.000 T 

650 

4,5 

Waste and scarp of 
molybdenum 

320 T 

12.197 

4 

Mask 

Eals 

Magnetrons 

Dianol 220 

1.500.000 
pieces 

19,33 

5,2 

4.000 T 

6.969 

2,4 

500.000 
pieces 

24 

4,6 

400 T 

4.032 

6,4 

Natural tobacco 

3.000 T 

4.718 

16,25 

Silicon dioxide 

60T 

16.667 

7,6 

0 

0 

0 

0 

0 

0 

0 

0 

0 

538.380 

48.576 

585.000 

156.122 

1.507.740 

669.024 

552.000 

-  103.219 

2.300.025 

74.000 

Total duty loss: 6.534.086  Ecus. 

V 

ISSN 0254-1475 

COM(95) 321 final 

DOCUMENTS 

EN 

02  03 

Catalogue number  :  CB-CO-95-350-EN-C 

ISBN 92-77-91244-8 

Office for Official Publications of the European Communities 

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