CELEX: 31988R4186
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4186/88 of 16 December 1988 opening and providing for the administration of a Community tariff quota for certain flat-rolled products falling within CN CODE EX 7226 10 91

No L 368 / 24                              Official Journal of the European Communities                                           31 . 12 . 88
                                          COUNCIL REGULATION (EEC) No 4186/ 88
                                                         of 16 December 1988
                  opening and providing for the administration of a Community tariff quota for certain
                                    flat-rolled products falling within CN code ex 7226 10 91
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  should not be allocated among the Member States, without
                                                                           prejudice to the drawing against the quota volume of such
                                                                           quantities as they may need, under the conditions and
                                                                           according to the procedure to be laid down ; whereas this
Having regard to the Treaty establishing the European                      method of administration requires close cooperation
Economic Community , and in particular Article 28                          between the Member States and the Commission and the
thereof,                                                                   latter must in particular be able to monitor the rate at
                                                                           which the quota is used and inform the Member States
                                                                           accordingly ;
Having regard to the proposal from the Commission ,
                                                                           Whereas since the Kingdom of Belgium, the Kingdom of
Whereas the Community currently depends to a large                         the Netherlands and the Grand Duchy of Luxembourg are
extent on imports from third countries for its supplies of                 united within and jointly represented by the Benelux
certain flat-rolled products falling within code 7226 10 91                Economic        Union ,       any    operation    concerning      the
of the combined nomenclature; whereas it is in the                         administration of the quota share levied by that economic
Community's interest' to suspend totally the duty normally                 union may be carried out by any one of its members,
applied to the products in question within the limit of a
Community tariff quota of an appropriate volume; whereas
in order not to harm the prospects for increasing
production within the Community while at the same time
making adequate supplies available to user industries, the                 HAS ADOPTED THIS REGULATION :
tariff quota should be limited to 600 tonnes and opened for
the period 1 January to 31 December 1989 ;
                                                                                                           Article 1
Whereas equal and continuous access to the quota should
be ensured for all Community importers and the rates laid                  1 . From 1 January to 31 December 1989 the customs duty
down for the quota should be applied consistently to all                   applicable to imports of the following products shall be
imports of the products in question into all Member States                 suspended at the level indicated and within the limits of a
until the quota is exhausted ; whereas , however, the quota                Community tariff quota as shown below:
                                                                                                                 Volume of
   Order                                                                                                                        Rate of duty
                  CN code                                      Description                                      tariff quota
    No                                                                                                                              (% )
                                                                                                                  ( tonnes )
 09.2781       ex 7226 10 91      Flat-rolled products of grain-oriented silicon-electrical steel , having
                                  a width not exceeding 500 mm , a thickness of more than 0,20 mm
                                  but less than 0,3 mm and a nominal magnetic-reversal loss of
                                  1,0 W/ kg as determined by the Epstein method with a current of
                                  50 cycles and an induction of 1,7 Tesla                                            600             0
2 . Within the limits of this tariff quota the Kingdom of                                                  Article 3
Spain and the Portuguese Republic shall apply duties
calculated in accordance with the relevant provisions of the               If an importer presents in a Member State a declaration of
1985 Act of Accession .                                                    entry into free circulation including a request for
                                                                           preferential benefit for a product covered by this
                           Article 2                                       Regulation, and if this declaration is accepted by the
                                                                           customs authorities, the Member State concerned shall
The tariff quota referred to in Article 1 shall be                         draw , from the tariff quota , by means of notification to the
administered by the Commission , which may take any                        Commission, a quantity corresponding to these needs .
appropriate measure with a view to ensuring the efficient
administration thereof.
 ---pagebreak--- 31 . 12 . 88                             Official Journal of the European Communities                             No L 368 / 25
The requests for drawing , with the indication of the date of       2 . Each Member State shall ensure that importers of the
acceptance of the said declarations, must be communicated           product concerned have free access to the quota for such
to the Commission without delay .                                   times as the balance of the tariff quota so permits.
                                                                    3 . Member States shall charge imports of the said product
The drawings are granted by the Commission on the basis             against their drawings as and when the goods are entered
of the date of acceptance of the declaration of entry into          with the customs authorities under cover of declarations of
free circulation by the customs authorities of the Member           entry into free circulation .
State concerned , to the extent that the available balance so
permits.
                                                                    4. The extent to which the quota has been used up shall
                                                                    be determined on the basis of the imports charged in
If a Member State does not use the quantities drawn, it             accordance with paragraph 3 .
shall return them as soon as possible to the tariff quota .
                                                                                              Article 5
If the quantities requested are greater than the available
balance of the tariff quota, allocation shall be made on a          At the request of the Commission, Member States shall
pro rata basis with respect to the requests. Member States          inform it of imports actually charged against the quota.
shall be informed by the Commission in accordance with
the same procedures.
                                                                                              Article 6
                                                                    The Member States and the Commission shall cooperate
                          Article 4                                 closely to ensure that this Regulation is complied with .
1 . Member States shall take all appropriate measures to
ensure that their drawings pursuant to Article 3 enable                                       Article 7
imports to be charged without interruption against their
accumulated shares of the Community quota.                          This Regulation shall enter into force on 1 January 1989 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 16 December 1988 .
                                                                                         For the Council
                                                                                          The President
                                                                                        G. GENNIMATAS