Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quota for certain industrial products
Date: 1996-07-24
Institutions: European Commission
Subjects: free circulation, import, industrial product, supply, tariff quota

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. 

2. 

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. 

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> 

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 2 

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. 

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

Articles 5 

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 

Order 
Number 

CNCode 

Taric 
Code 

09.2940 

ex 3920 62 10 

85 

09.2941 

ex 8471 70 53 

60 

ANNEX 

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 

Quota 
Duty 
(%) 
0 

5.330.00 
Ounit 

0 

(a)  Control  of  the use  for  this  special  purpose  shall  be  carried  out pursuant  to  the  relevant Community 

provisions. 

1. 

2. 

3. 

4. 

5. 

FINANCIAL RECORD 

Budget line concerned  : Chap.  12 Art.  120 

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 quota for 
certain industrial products. 

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

Method of calculation : 

Description 

Variation  on 
Quantities 
(Unit/tonne) 

Polyethylene 
terphthalate 

Hard disk drive 

0 
(initial volume: 
250 T) 
0 
(initial  volume : 
5 330 000 Unit 

Variation 
of the 
estimate 
price 
(Ecus/unit) 

Variation 
on 
normal 
Duty 
rate 

0 
(initial price: 
1 875 000 
0 
(initial price -
estimated 
average 
300/Unit 

0 
initial duty 
:11.1% 
0 
initial duty: 
1.6% 

Variation  on 
Quota  duty 

(%) 

Assessed variation  on 
Duty loss against  the 
preceding  Quota  period 

(Ecus) 

0 

0 

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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