CELEX: 31986R4020
Language: en
Date: 1986-12-16 00:00:00
Title: Council Regulation (EEC) No 4020/86 of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for certain magnesium grades falling within subheading ex 77.01 A of the Common Customs Tariff

31 . 12 . 86                              Official Journal of the European Communities                                    No L 375 / 11
                                         COUNCIL REGULATION ( EEC ) No 4020 / 86
                                                       of 16 December 1986
                  opening, allocating and providing for the administration of a Community tariff quota for
                  certain magnesium grades falling within subheading ex 77.01 A of the Common Customs
                                                                Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              containing by weight not more than 0,015% of iron , not
                                                                       more than 0,002% of nickel , not more than 0,005% of
Having regard to the Treaty establishing the European                  lead and not more than 0,006 % of manganese , falling within
Economic Community , and in particular Article 28                      subheading ex 77.01 A of the Common Customs Tariff, for
thereof,                                                               use in the manufacture of raspings for the nuclear fuel
                                                                       industry shall be totally suspended within the limit of a
Whereas production in the Community of certain extra pure              Community tariff quota of 300 tonnes .
grades of magnesium intended for use in the nuclear industry
falling within subheading ex 77.01 A of the Common                     2.     Within the limit of this tariff quota , Spain and Portugal
Customs Tariff is currently unable to meet the specific                shall apply customs duties calculated in accordance with the
requirements of the user industries in the Community ;                 relevant provisions laid down by the Act of Accession .
whereas , consequently , Community supplies of products of
this type currently depend on imports from third countries ;           3.     Control of the use of the products for their specifically
whereas the Community requirements for the product in                  determined purpose shall be carried out pursuant to the
question should be met immediately on the most favourable              relevant Community provisions .
terms ; whereas a nil duty Community tariff quota should
therefore be opened within the limits of an appropriate
amount and for a period until 31 July 1987 ; whereas , in                                          Article 2
order not to jeopardize the balance of the market for this
product, the volume of the Community tariff quota should be             1.    If an importer notifies an imminent importation of the
fixed at 300 tonnes ;                                                  product in question in a Member State and requests the
                                                                       benefit of the quota , the Member State concerned shall
Whereas it is necessary , in particular , to ensure to all              inform the Commission and draw an amount corresponding
 Community importers equal and uninterrupted access to the             to these requirements to the extent that the available balance
 abovementioned quota and uninterrupted application of the              of the reserve permits this .
 rates laid down for that quota to all imports of the products
 concerned into all Member States until the quota has been              2.    The shares drawn pursuant to paragraph 1 shall be
 used up ; whereas , however , since the quota is to cover              valid until the end of the quota period .
 requirements which cannot be determined with sufficient
 accuracy , it seems possible to avoid allocating it among the
 Member States , without prejudice to the drawing against the                                      Article 3
 quota volume of such quantities as they may need , under
 conditions and according to a procedure to be specified ;
                                                                        1.    Member States shall take all appropriate measures to
 whereas this method of management requires close
                                                                        ensure that their drawings pursuant to Article 2 ( 1 ) are
 cooperation between the Member States and the                          carried out in such a way that imports may be charged
 Commission and the latter must in particular be able to
 monitor the rate at which the quota is used up and inform the
                                                                        without interruption against their accumulated shares of the
                                                                        Community quota .
 Member States thereof;
                                                                        2.    Each Member State shall ensure that importers of the
 Whereas , since the Kingdom of Belgium , the Kingdom of the            said goods have access to the quota so long as the residual
 Netherlands and the Grand Duchy of Luxembourg are united               balance of the quota volume allows this .
 within and jointly represented by the Benelux Economic
 Union , all transactions concerning the administration of              3.    Member States shall charge imports of the said goods
 shares allocated to that economic union may be carried out
                                                                        against their drawings as and when the goods are entered for
 by any one of its members ,                                            free circulation .
                                                                        4.     The extent to which the quota has been used up shall be
 HAS ADOPTED THIS REGULATION :                                          determined on the basis of the imports charged in accordance
                                                                        with paragraph 3 .
                            Article 1
                                                                                                    Article 4
  1.    From 1 January to 31 July 1987 , the Common
 Customs Tariff duty for unwrought magnesium having a                   At the request of the Commission , Member States shall
 purity of not less than 99,95% in the form of billets                  inform it of imports actually charged against the quota .
 ---pagebreak--- No L 375 / 12                            Official Journal of the European Communities                               31 . 12 . 86
                          Article 5                                                          Article 6
The Member States and the Commission shall collaborate              This Regulation shall enter into force on 1 January 1987 .
closely in order to ensure that this Regulation is complied
with .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 16 . December 1986 .
                                                                                               For the Council
                                                                                                The President
                                                                                                  G. HOWE