CELEX: 51989PC0618
Language: en
Date: 1989-12-08
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF AUTONOMOUS COMMUNITY TARIFF QUOTAS FOR CERTAINS AGRICULTURAL AND CHEMICAL PRODUCTS ( 1990 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             C0MC89) 618  final
                                             Brussels, 8   December 1989
                              Proposât for a
                         COUNCIL REGULATION (EEC)
      opening and providing for the administration of autonomous
          community tariff quotas for certair^agricultural
                          and chemical  products (1990)
                      (presented by the Commission)
 ---pagebreak---                                                                  &^n*
                          EXPLANATORY MEMORENDUM
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, from 1 January 1990, of   autonomous
    tariff quotas  for certain agricultural and chemical products.
2.  Following this examination, which took place during the "ECONOMIC TARIFF"
    Group meetingyheld on 8 September/1989, it has been determined that the
    ODening of tariff quotas for the following products could have the
    agreement of the Member States without disturbinq the markets for such
    products :
                                      y and 20 October
     - sour cherries, marinated in alcohol
     - tellurium metal
     - poly-alpha-olefin
   For certain of these products, the quota volumes are provisional and
   setting them at the level indicated does not rule out their adjustments
   during the procedure.
   This is the purpose of this proposal.
 ---pagebreak---                                                        Proposal for a
                                          COUNCIL REGULATION (EEC) No
                                                           of
                      opening and providing for the administration of autonomous             Community t a r i f f quotas for
                            certains agricultural             and chemical p r o d u c t s (1990)
        THE COUNCIL OF THE EUROPEAN COMMUNITIES.
        Havin » regard to the Treaty establishing the European
        Econo-nic Community, and in particular Article 28
        thereo ,
        Having regard to the proposal from the Commission,
       Whereis production in the Community of c e r t a i n a g r i c u l t u r a l and chemical
                             products                  is currently
       unable to meet the specific requirements of the user
       industries in the Community ; whereas, consequently,
       Community supplies of products of this type currently
       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
l o w e r j d u r y Community tariff quotas should therefore be        f
       opened within the limits of appropriate volumes for a          J0r zero
       period c o v e r i n g t h e year 1y9ù; ; whereas, in
      order not to upset the balance of the markets for these
       products, the volume of c e r t a i n o f t h e s e Community t a r i f f quotas
      should be set at provisional levels which coyer immediate r e q u i r e m e n t s ;
                                  whereas, the setting of the quota
      volumes at this level does not rule out an adjustment
      during the year;
      Whereas it is necessary, in particular, to ensure for all
      Community importers equal and uninterrupted access to
      the said quotas and t o . ensure the uninterrupted
     application of the rates laid down for the quotas to all
      imports of the products concerned into all Member States
     until th< quotas have been used up ;
     Whereas it is appropriate to take the necessary measures
      to ensur; efficient Community administration of these
      tariff qiotas while offering the Member States the
      opportur icy to draw from the quota volumes the
      necessar quantities corresponding to actual imports ;
      whereas this method of administration requires close
      coopérât on between the Member Sûtes and the
      Commis ion and the latter must in particular be able to
      monitor the rate at which the quotas are used up and
      inform t îe Member States accordingly ;
     Whereas since the Kingdom of Belgium, the Kingdom of
      the Net! erlands and the Grand Duchy of Luxembourg
      are united within and jointly represented by the Benelux
      Economic Union, all transactions concerning the
      administ ation of the quantities draw by that economic
      union may be carried out by any one of its members.
                                                                                                                           ?
 ---pagebreak---                                                                          - 2 -
                HAS ADOPTED THIS REGULATION :
                                                                     Article !
               4,      From 1 January to 31 December                             1990, 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 :
  Order      j                                                                                                Amount o f Quota duty
                  CN code                             Description
   fto       i                                                                                                  quota       CD
                                                                                                         ( i n tonnes)
 09.2719 ex 2006 60 39                                     Sour cherries, marinated
                                    in alcohol, of a diameter not exceeding
                                    18,9 mm, stoned, intended for the manu-
                                    facture of chocolate products (1)                                          2 000         10
09.2737 ex 2804 50 90 Tellurium metal, in the form of                                    ingots,
                                    rods, balls, pieces or powder                                                 10
09.2739 ex 3902 90 00 Foly-alpha-plefin having a ktnetic vi£os-
                                      i t y of around 4 centistokesffmm2/S) at
                                      100#C and not more than 2 600 centi stokes
                                     at -40*C measured using the ASTM D 45                                         100
                                     method and having a flash point of not
                                      lower than 205"C measured using the
                                     ASTM D 92 method.
   (a) lee TARIC codes in Annex.
   {') Checks on their prescribed end-use shall be carried out pursuant to the relevant Community provisions.
    2. Within the limits of these tariff quotas Spain and Portugal shall apply
           customs duties calculated in accordance with the relevant provisions of
           the 1965 Act of Accession.
                                                                            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 product 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 corres-
                                            ponding to its requirements from the appropriate quota volume.
 ---pagebreak---                                                              - 4 -
Requests for drawings, indicating the date on which the         allocated among applicants pro rata. The Commission
entries were accepted, must be sent to the Commission           shall inform the Member Sûtes of the drawings made.
without delay.
                                                                                          Article 4
Drawings shall be granted by the Commission in chrono-          Each Member State shall ensure that importers of the
logical order of the dates on which the customs                 products in question have equal and continuous access to
authorities of the Member States concerned accepted the         the quotas for as long as the balance of the relevant quota
entries for release for free circulation, to the extent that    volume so permits.
the available balance so permits.
                                                                                          Article i
If a Member State does not use a drawing in full it shall       The Member States and the Commission shall cooperate
returr any unused portion to the corresponding quota            closely to ensure that this Regulation is complied with.
volurre as soon as possible.
                                                                                          Article 6
If the quantities requested are greater than the available      This Regulation shall enter into force on 1 January
balance of the quota volume, the balance shall be              1990.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                            For the Council
                                                                             The President
 ---pagebreak---                                     ANVG/K
           C A / COJC        TA&iC-
09.2719 ex   2008 60 39 * 20
09.2737 ex   2804 50 90 * 10
09.2739 ex   3902 90 00 * 94
 ---pagebreak--- FICHE FINANCIERE
1. Ligne budgétaire concernée : Chap. 12, art. 120
2. Base .juridique : article 28 du traité
3. Intitulé de la mesure tarifaire : Proposition de règlement du Conseil
     portant ouverture et mode de gestion de contingents tarifaires autonomes
     pour certains produits agricole et chimiques (1990).
4. Obi ect : f L Assurer la couverture à des conditions favorables, des
     besoins, communautaires.
5. Mode dt calcul :
     Designation des         Quantites Prix en ecus Droit  Droit con- Perte de
         produits                         unite     nonal tingentaire recettes
                                                    (en t) (en I)     (en tens)
 Cerises acides                2 000 t     1 540     32       10      677 600
 Tellure letalliiue               10 t    60 000      2,1      0       17 600
 Poly-alpha-olefme               100 t     2 406,35  12,5      0       30 080
                                                                      720 280
Nouvelles        mesures tarifaires
 ---pagebreak---             FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
La présente proposition vise l'ouverture de contingents tarifaires
communautaires autonomes destinés à couvrir, à des conditions
favorables, les besoins des industries utilisatrices. Elle aura pour
effet de permettre à ces industries de concurrencer celles des pays
tiers sur les marches de la Communauté et des pays tiers et de
maintenir ou même d'améliorer  l'emploi dans la Communauté.
                                                                     1
 ---pagebreak---                                                                          ISSN G254-147:
                                                                  COM(89) 618 final
                                                         DOCUMENTS
EN                                                                             11 02
                                 Catalogue number : CB-CO-89-580-EN-C
                                                                ISBN 92-77-55715-X
Officr for Official Publicàiicns of the European Coinimiiiiiies
L-298 5 Luxembourg
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