CELEX: 51996PC0378
Language: en
Date: 1996-07-24
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quota for certain industrial products

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)
 ---pagebreak---  ---pagebreak---                    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 for the rest of 1996 tariff quotas for
   polyethylene terephthalatefilmand for hard disk drive.
2. 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
 ---pagebreak---                                        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>
 ---pagebreak---                                               Article 2
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 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.
                                              Articles 5
The Member States and the Commission shall cooperate closely to ensure that this Regulation
is complied with.
                                               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
 ---pagebreak---                                                   ANNEX
   Order        CNCode        Taric                        Description                    Amount   Quota
  Number                     Code                                                         of Quota  Duty
                                                                                                     (%)
  09.2940    ex 3920 62 10     85      Polyethylene terephthalate film, 9 micrometers      250 T      0
                                       thick (+/- 0.3 micrometres) for the manufacture
                                       of products falling within subheading 8523 (a)
  09.2941    ex 8471 70 53     60      Hard disk drive of the 3.5 or 5.25 inch type,
                                       with a storage capacity, formatted, not           5.330.00     0
                                       exceeding 18 gigabytes, for use in the              Ounit
                                       manufacture of other products falling within
                                       subheading 8471 (a)
(a) Control of the use for this special purpose shall be carried out pursuant to the relevant Community
    provisions.
 ---pagebreak---                                        FINANCIAL RECORD
 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 quota for
          certain industrial products.
4.        Objective : To ensure an adequate supply for Community processing-industries.
5.        Method of calculation :
        Description       Variation on       Variation       Variation     Variation on Assessed variation on
                             Quantities      of the              on        Quota duty   Duty loss against the
                            (Unit/tonne)     estimate          normal            (%)    preceding Quota period
                                             price              Duty                          (Ecus)
                                              (Ecus/unit)       rate
    Polyethylene                   0                0               0              0           208 125
    terphthalate          (initial volume:   (initial price:  initial duty
                                250 T)         1 875 000        :11.1%
    Hard disk drive                0                0               0              0          25 584 000
                          (initial volume : (initial price - initial duty:
                           5 330 000 Unit      estimated          1.6%
                                                average
                                               300/Unit
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 againstfraudeand irregularities.
                                                     •5"
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 378 final
                                              DOCUMENTS
EN                                                                       02 10
                                    Catalogue number : CB-CO-96-378-EN-C
                                                             ISBN 92-78-07325-3
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