CELEX: 31987R4099
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4099/87 of 22 December 1987 opening, allocating and providing for the administration of a Community tariff quota for ferro-phosphorus falling within code ex 7202 99 19 of the combined nomenclature

31 . 12 . 87                                Official Journal of the European Communities                                 No L 383 / 17
                                            COUNCIL REGULATION (EEC) No 4099 / 87
                                                          of 22 December 1987
               opening, allocating and providing for the administration of a Community tariff quota for
                       ferro-phosphorus falling within code ex 7202 99 19 of the combined nomenclature
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Whereas , to allow for possible changes in imports of the said
                                                                        product , the quota volume should be divided into two parts ,
                                                                        the first being allocated among certain Member States and
                                                                        the second held as a reserve* to cover any subsequent
 Having regard to the Treaty establishing the European                  requirements of those Member States which have used up
 Economic Community and in particular Article 28                        their initial shares and any requirements which might arise in
 thereof,                                                               the other Member States ; whereas , to afford importers in
                                                                        each Member State some degree of certainty, the first part of
                                                                        the Community tariff quota should be set at a relatively high
                                                                        level , which in this case could be 37 520 tonnes ;
 Having regard to the proposal from the Commission ,
                                                                        Whereas the initial shares of the Member States may be used
 Whereas Community production of               ferro-phosphorus         up at different rates ; whereas , in order to avoid any break in
 containing by weight 15% or more             of phosphorus is          the continuity of supplies on this account, it should be
 currently insufficient to meet the            requirements of          provided that any Member State which has almost used up its
 Community user industries ; whereas ,        consequently , the        initial share should draw an additional share from the
 Community currently depends to a considerable extent on                reserve; whereas each time one of its additional shares is
 imports from third countries for its supplies of that product ;        almost used up a Member State should draw a further share
 whereas it is in the Community's interest to suspend totally           and so on as many times as the reserve allows; whereas the
 the Common Customs Tariff duty on the products in                      initial and additional shares must be valid until the end of the
 question within the limits of a Community tariff quota of an           quota period ; whereas this form of administration requires
 appropriate volume ; whereas , in order not to harm the                close cooperation between the Member States and the
 prospects for increasing production of such goods within the           Commission and the latter must be able to monitor the extent
 Community while at the same time making adequate supplies              to which the quota volume has been used up and to inform
 available to user industries, the tariff quota should be limited       the Member States accordingly;
 to 56 000 tonnes of products intended for the manufacture of
 refined phosphoric iron or steel and opened for the period 1
January to 31 December 1988 at zero duty ;                             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 , any operation concerning the administration of the
Whereas equal and continuous access to the quota should be
ensured for all Community importers and the rates laid down            quota shares allocated to that economic union may be carried
                                                                       out by any one of its members ,
for the quota should be applied consistently to all imports of
the products in question into all Member States until the
quota is exhausted ; whereas , in the light of these principles ,
allocation of the tariff quotas among the Member States
would seem to preserve the Community nature of the quotas ;
whereas in order to correspond as closely as possible to the
real trend of the market for the product in question the               HAS ADOPTED THIS REGULATION :
allocation should reflect the requirements of the Member
States based on statistics of imports of the said product from
third countries during a representative reference period and
on the economic outlook for the quota period in question ;
                                                                                                   Article 1
Whereas since this is an autonomous Community tariff quota
intended to cover import needs arising in the Community, the
quota volume may be allocated on the basis of each Member              1.      From 1 January to 3 1 December 1988 the customs duty
State's estimated provisional import needs from third                  applicable to imports of the following product shall be
countries; whereas these allocation arrangements will ensure           suspended at the level indicated and within the limits of a
the uniform application of the Common Customs Tariff;                  Community tariff quota as shown below:
 ---pagebreak--- No L 383 / 18                              Official Journal of the European Communities                                        31 . 12 . 87
                            CN code
                                                                                                       Volume of quota     Rate of duty
     Order No                                                   Description                                (tonnes )           (% )
09.2718                ex 7202 99 19       Ferro-phosphorus containing by weight 1 5 % or more
                                           of phosphorus , intended for the manufacture of
                                           refined phosphoric iron or steel                                56 000               0
2.      Within the limits of this tariff quota , the Kingdom of           3.     If, after its second share has been used up , a Member
Spain and the Portuguese Republic shall apply customs duties              State has used 90% or more of its third share , it shall
calculated in accordance with the relevant provisions of the              forthwith , using the same procedure, draw a fourth share
1985 Act of Accession .                                                   equal to the third .
3.      Use of the products for the particular purpose laid               This process shall continue until the reserve is used up .
down shall be monitored in accordance with the relevant
Community provisions .
                                                                          4.     By way of derogation from paragraphs 1 , 2 and 3 ,
                                                                          Member States may draw smaller shares than those specified
                                                                          in the said paragraphs if there is reason to believe that they
                              Article 2                                   might not be used in full . They shall inform the Commission
                                                                          of their reasons for applying this paragraph .
1.      The first part of this Community tariff quota ,
amounting to 37 520 tonnes , shall be allocated among
certain Member States ; the quota shares shall be valid until
31 December 1988 and shall be as follows :
                                                                                                       Article 4
                                                   (tonnes)
         Benelux                                   20 921                 The additional shares drawn pursuant to Article 3 shall be
         Germany                                   10 123                 valid until 31 December 1988 .
         Spain                                       3 778
         France                                      1 688
         Portugal                                      132
         United Kingdom                                878
                                                                                                       Article 5
2.      The second part of the quota , amounting to 18 480
tonnes , shall constitute the reserve .                                   By 1 October 1988 at the latest , Member States must return
                                                                          to the reserve the unused portion of their initial share which ,
3.      If an importer gives notification of imminent imports             on 15 September 1988 , is in excess of 20% of the initial
of the product in question into a Member State which has not              volume . They may return a greater portion if there is reason
been allocated an initial share and applies to take advantage             to believe that it might not be used .
of the quota , the Member State concerned shall inform the
Commission and draw an amount corresponding to its                        By 1 October 1988 at the latest , Member States must notify
requirements to the extent that the available balance of the              the Commission of the total quantities of the product
reserve so permits .                                                      concerned imported on or before 15 September 1988 and
                                                                          charged against the Community quota and of any portion of
                                                                          their initial share that they are returning to the reserve .
                              Article 3
1.      If a Member State has used 90 % or more of its initial
share as specified in Article 2(1 ), it shall forthwith , by                                           Article 6
notifying the Commission and to the extent that the reserve
so permits , draw a second share equal to 10% of its initial
share , rounded up where necessary to the next whole                      The Commission shall keep account of the shares drawn by
number .                                                                  Member States pursuant to Articles 2 and 3 and shall inform
                                                                          each Member State of the extent to which the reserve has
                                                                          been used up as soon as it has been notified .
2.      If, after its initial quota share has been used up , a
Member State has used 90 % or more of its second share as
well , it shall , using the procedure provided for in                     It shall inform the Member States not later than 5 October
paragraph 1 , draw a third share equal to 5 % of its initial              1988 of the state of the reserve following any return of quota
share .                                                                   shares pursuant to Article 5 .
 ---pagebreak--- 31 . 12 . 87                            Official Journal of the European Communities                               No L 383 / 19
It shall ensure that the drawing which exhausts the reserve        4.    The extent to which a Member State has used up its
does not exceed the balance available , and to this end shall      share shall be determined on the basis of the imports charged
notify the amount of that balance to the Member State              in accordance with paragraph 3 .
making the final drawing .
                                                                                              Article 8
                           Article 7
                                                                   At the request of the Commission , Member States shall
1.     Member States shall take all appropriate measures to        inform it of imports actually charged against their quota
                                                                   shares .
ensure that additional drawings of shares pursuant to
Article 3 enable imports to be charged without interruption
against their accumulated shares of the Community tariff
quota .                                                                                       Article 9
2.     Member States shall ensure that importers of the            The Member States and the Commission shall cooperate
product concerned have free access to the quota shares             closely to ensure that this Regulation is complied with .
allocated to them .
3.     Member States shall charge imports of the product                                     Article 10
concerned against their shares as and when the goods are
entered with the customs authorities for free circulation .        This Regulation shall enter into force on 1 January 1988 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels , 22 December 1987 .
                                                                                          For the Council
                                                                                         The Commission
                                                                                           N. WILHJELM