CELEX: 51994PC0350
Language: en
Date: 1994-09-07
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quotas for certain agricultural and industrial products (fourth series 1994), and amending the Council Regulations (EC) Nos. 3466/93 and 3672/93 opening and providing for the administration of Community tariff quotas for certain agricultural, chemical and industrial products

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               ""IB       COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                    C0M(94) 350 final
                                                                    Brussels, 07.09.1994
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                                                      Proposal for a
                                                 COUNCIL REGULATION (EC)
                                opening and providing for the administration of Community
                              tariff quotas for certain agricultural and industrial products
                                (fourth series 1994), and amending the Council Regulations
                                                (EC) Nos. 3466/93 and 3672/93
                                opening and providing for the administration of Community
                                   tariff quotas for certain agricultural, chemical and
                                                     industrial products
 Bj-,__i         -.-^;r4+
              ssmsm                           (presented by the Commission)
 ---pagebreak---                                                                       z
                          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 two new tariff quotas for
    agricultural and industrial products for the second six-months of
    1994, and on the other hand, of amending Regulations (EC) Nos 3466/93
    of 10.12.1993<1> and 3672/93 of 22.12.1993<2>.
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
    10 June 1994, 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:
    - Tuberous roots                     5 000 000 pieces at 0%
    - Flat-rolled products                     300 T      at 0%
3.  With respect to the amendment of the above-mentioned regulations, it
    is recalled that the Council opened various tariff quotas for 1994 by
    these régulât ions:
    - Ferro-chromium 6% of carbon (order n* 09.2711)
    - Ferro-phosphorus              (order n* 09.2717)
    - Magnesium                     (order n* 09.2741)
    - Mixed isomers                 (order n' 09.2859)
    - Ferro-chromium 4% of carbon (order n* 09.2799)
(1) O.J. No L 317 of 18.12.1993
(2) O.J. No L 338 of 31.12.1993
 ---pagebreak---                                                              3
4.  It seems absolutely necessary to increase the volume of these tariff
   quotas and to extend the scope of the last of these quota (order rt*
   09.2799) tf the needs of Community industries are to be satisfied.
   It emerges that
   a)   the quantities of the said tariff quotas have to be increased
        with the following amounts:
   - Ferro-chromium 6% of carbon:      + 30 000 T
   - Ferro-phosphores :                + 1 5 000 T
   - Magnesium:                        +     800 T
   - Mixed Isomers:                    +   2 000 T
   - Ferro-chromium 4% of carbon:      +   5 000 T
   b)   the definition of the tariff quota for Ferrochromium 4% of carbon
        must be modified, in order to permit its full utilisation.
   Such is the purpose of this proposal.
 ---pagebreak---                                                   Proposal for a
                                           Council Regulation (EC)
                        opening and providing for the administration of Community
                     tariff quotas for certain agricultural and industrial products
                       (fourth series 1994), and amending the Council Regulations
                                       (EC) Nos. 3466/93 and 3672/93
                        opening and providing for the administration of Community
                           tariff quotas for certain agricultural, chemical and
                                                industrial products
    THE COUNCIL OF THE EUROPEAN UNION
                                                               Whereas by Regulation (EC) No 3466/93. the
  Having regard to the Treaty establishing the                 Council opened, for 1994, a Community tariff
  European Community, and in particular Article                 quota for ferro-chromium containing by weight
  28 thereof,                                                  more than 1,5 mm but not more than 2% of carbon
                                                                and not more of 55% of chromium;
 Having regard to the proposal from the
 Commission,                                                   Whereas the benefit of this quota should be
                                                                extended to other import needs and the
 Whereas production in the Community of certain                 description of this quota should consequently
  agricultural and industrial products will                     be amended and its amount increased;
  remain in the course of the second half of
  1994, unable to meet the specific requirements
                                                                Whereas the decision for the opening,
 of the user industries in the Community;
 whereas, consequently. Community supplies of                   of autortomous tariff quotas should be
 products ot this type will depend to a                         taken by the Community; whereas, to
 considerable extent on imports from third                     ensure the efficiency of a common
                                                               administration of these quotas, there is
 countries; whereas the most urgent Community
                                                               no reasonable obstacle to authorising
  requirements for the products in question
                                                               the Member States to draw from the
 should be met immediately on the most                         quota-volumes the necessary quantities
  favourable terms; whereas Community tariff                   corresponding to actual imports; whereas
 quotas at zero duty should therefore be opened                this method of administration requires
 within the limits of appropriate volumes for a                close cooperation between the Member
 period from 1 July 1994 until 31 December 1994,               States and the Commission and the latter
 taking account of the need not to disturb the                 mu^st In particular be able to monitor .
 markets for such products nor the starting out                the raté at which the quotas are used up
 or development of Community production;                       and rhform the Member States
                                                               accordingly;
 Whereas bv Regulations (EC) No 3 4 6 6 / 9 3 0 ) and
 3672/93( 2 ) the Council opened, for 1994,                  Whereas it is necessary, in particular, to ensure for all
 Community tariff quotas for certain industrial              Community importers equal and uninterrupted access to
 products, and in particular ferro-chromium                  the said quotas and to ensure the uninterrupted applica-
 containing by weight more than 6% of carbon                 tion of the rates laid down for the quotas to all imports of
 (order No 09.2711), ferro-phosphorus (order No             the products concerned into all M e m b e r States until the
 09.2717), magnesium (order No 09.2741),                    quotas have been used up ;
 diisopropylnaphtalene (order No 09.2857);
Whereas current economic data suggests that                 HAS ADOPTED THIS REGULATION:
Community demand for non-Community imports of
the products in question could in the course of                                       Article 1
the year exceed the volumes laid down in the
above Regulations; whereas the volume of the                1.      From 1 July 1994 until 31 December 1994,
quota in question should therefore be                       the duties applicable to Imports of the
increased;                                                  following products shall be suspended at the
                                                            levels and up to the limits of the Community
                                                            tariff quotas shown below:
(1)     OJ No L 317, 18.12.1993, p. 4
(2)     OJ No L 338, 31.12.1993, p. 42
 ---pagebreak--- Order No CN-code              Description of goods
                                                                           Amount of Quota duty
                                                                             quota        (%)
                                                                                                  X
 09.2781  ex7226 10 91 Flat-rolled products of si I icon-elect rial steel,    300 T
                       cold—rolled, grain oriented, of a width not
                        exeeding 500 mm, of a thickness of 0,23 mm or
                        less, with a nominal magnetic inversion loss rate
                       of 0,8 W/kg or less determinated by the Epstein
                       method with a current of 50 cycles and one
                        induction of 0,7 tes I a
09.2875   ex0601 10 90 Tuberous roots of the species "Rumohra ad I anti- 5 000 000
                        formis", dormant, for the manufacture of            pieces
                       ornamental plants (a)
 (1) See Taric codes in the annex.
2.     For order Nos 09.2711, 09.2717, 09.2799. 09.2857 the table in Article 1 of the Regulation
No 3466/93 is hereby replaced by the following table:
                                                                           Amount of Quota duty
Order No CN-code              Description of goods                         quota (T)      (%)
09.2711   ex7202 41 91 Ferro-chromium containing by weight more than 6%     580 000        0
          ex7202 41 99 of carbon
09.2717   ex7202 99 19 Ferro-phosphorus containing by weight 15% or           30 000       0
                       more of phosphorus, intended for the manufacture
                       of refined phosphoric iron or steel (a)
09.2857   ex2902 90 90 dîisop ropy I naphthalene, mixed isomers                9 000       0
09.2799   ex7202 49 90 Ferro-chromium containing more than 1,5%, but          15 000       0
                       not more than 4% by weight of carbon and not
                       more than 70% of chromium
                                                                         i                      I
Nevertheless, with respect to the order number 09.2799, the modification of the description shal
be affective as of the entering into force of this Regulation.
3.     For order No 09.2741, the table in Article 1 of the Regulation No 3672/93 is hereby
replaced by the following table:
                                                                           Amount of Quota duty
Order No CN-code              Description of goods                         quota (T)     <%)
09.2741   ex8104 11 00 Unwrought magnesium having a purity of not less        1 800
                       than 99,95% in the form of ingots, intended for
                       the manufacture of elements used in the nuclear
                       industry (a)
 ---pagebreak---                           Article 2                                                                               G*
The tariff quotas referred to in Article 1 (1)
shall be managed by the Commission, which may
                                                                  for release for free circulation, to the extent that the avai-
take any appropriate administrative measure to
                                                                  lable balance so permits.
ensure that they are managed efficiently.
                                                                  If a Member State does not use a drawing in lull, it shall
                                                                  return any unused portion to the corresponding quota
                                                                  volume as soon as possible.
                           Article 3                              If the quantities requested arc greater than the available
Where an importer submits a product covered by this               balance of the quota volume, the balance shall be allo-
Regulation for release for free circulation in a Member           cated among applicants pro rata. The Commission shall
State, applying to take advantage of the preferential arran-      inform the Member States of the drawings made.
gements, and the entry is accepted by the customs autho-
rities, the Member State concerned shall, by notifying the                                   Article 4
Commission, draw an amount corresponding to its requi-            Each Member State shall ensure that importers of the
rements from the appropriate quota volume.                        products in question have equal and continuous access to
Requests for drawings, indicating the date on which the           the quotas for as long as the balance of the relevant quota
entries were accepted must be sent to the Commission              volume so permits.
without delay.
                                                                                             Article 5
Drawings shall be granted by the Commission in chrono-
logical order of the dates on which the customs authori-          Member States and the Commission shall cooperate
ties of the Member States concerned accepted the entries          closely 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.
                  Tht6 Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Luxembourg,
                                                                             For the Council
                                                                              The President
 ---pagebreak---                              ANNEX    ^
                          Tarte codas
Orcter No ON codas      Tarie codas
09.2781   ex 7226 10 91   * ^°
09.2875   ex 0601 10 90   * 4.0
 ---pagebreak---  FINANCIAL RECORD
                                                                       r
 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 quotas for certain agricultural and industrial products
        (fourth series 1994), and amending the Council Regulations Nos.
        3466/93 and 3672/93 opening and providing for the administration of
        Community tariff quotas for certain agricultural, chemical and
        industrial products.
4.     Object ive : To ensure an adequate supply for Community user-
        industr ies
5.     Method of calculation :
  Descr ipt ion of  Quantities  Price     Normal   Quota duty     Duty-loss
  the products                 ECU/unit     rate
                                            (%)       (%)           (ECU)
  Ferro-chromium     30 000 T   1 408        8                     3 379 200
  6% of carbon
  Ferro-phosphoru    15 000 T     234        5                       175 500
  Magnesium             800 T   7 182        5,3                     304 516
  Flat-rolled           300 T   2 250        6                        40 500
  products
  Ferro-chromium      5 000 T   1 349        8                       539 600
  4% of carbon
  Mixed isomers       2 000 T   1 050        6,3                     132 300
  Tuberous roots    5 000 000       0,7      8                       280 000
                     pieces
Additional duty-loss for 1994 : 4 851 6l6 ECU,
 ---pagebreak---                                                                        ISSN 0254-1475
                                                                 COM{94) 350 final
                                                        DOCUMENTS
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                                   Catalogue number : €B-CO-94-361-£N-e
                                                                ISBN 92-77-72057-3
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