CELEX: 31987R4100
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4100/87 of 22 December 1987 opening and providing for the administration of a Community tariff quota for a certain form of polyvinylpyrrolidone falling within code ex 3905 90 00 of the combined nomenclature

No L 383 / 20                             Official Journal of the European Communities                                          31 . 12 . 87
                                           COUNCIL REGULATION (EEC) No 4100 / 87
                                                            of 22 December 1987
                opening and providing for the administration of a Community tariff quota for a certain form of
                     polyvinylpyrrolidone falling within code ex 3905 90 00 of the combined nomenclature
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                    cover requirements which cannot be determined with
                                                                              sufficient accuracy, it should not be allocated among the
 Having regard to the Treaty establishing the European                        Member States, without prejudice to the drawing against the
 Economic Community, and in particular Article 28                             quota volume of such quantities as they may need , under
 thereof,                                                                     conditions and according to a procedure to be determined ;
                                                                              whereas this method of administration requires close
 Having regard to the proposal from the Commission ,                          cooperation     between    the    Member   States    and     the
                                                                              Commission and the latter must in particular be able to
 Whereas       production        in    the    Community           of          monitor the rate at which the quota is used and inform the
 polyvinylpyrrolidone intended for use in the pharmaceutical                  Member States accordingly;
 industry and falling within subheading ex 3905 90 00 of the
 combined nomenclature is currently unable to meet the                       Whereas since the Kingdom of Belgium , the Kingdom of the
 specific requirements of the user industries in the                         Netherlands and the Grand Duchy of Luxembourg are united
 Community; whereas , consequently, Community supplies of                    within and jointly represented by the Benelux Economic
 products of this type currently depend to a considerable                     Union , any operation concerning the administration of the
 extent on imports from third countries ; whereas the most                    quota shares allocated to that economic union may be carried
 urgent Community requirements for the products in question                  out by any one of its members ,
 should be met immediately on the most favourable terms ;
 whereas a zero-duty Community tariff should therefore be
 opened within the limit of an appropriate volume for a period
 from 1 January to 31 December 1988 ; whereas , in order not
 to upset the balance of the market for this product, the                    HAS ADOPTED THIS REGULATION:
 volume of the Community tariff quota should be set at a
 provisional level of 70 tonnes ; whereas the setting of the
 quota volume at this level does not rule out an adjustment
 during the year;
                                                                                                         Article 1
 Whereas equal and continuous access to the quota should be
 ensured for all Community importers and the rate laid down                   1.    From 1 January to 3 1 December 1988 the customs duty
 for the quota should be applied consistently to all imports of              applicable to imports of the following product shall be
the product in question into all the Member States until the                 suspended at the level indicated and within the limits of a
 quota is exhausted; whereas , however, since the quota is to                Community tariff quota as shown below:
      Order No            CN code                                  Description                           Volume of quota     Rate of duty
                                                                                                             (tonnes)            (% )
09.2731              ex 3905 90 00         Polyvinylpyrrolidone , presented in powder form , the
                                           particles of which are less than 38 micrometres and
                                           which has a solubility in water at 25 °C of less than , or
                                           equal to , 1 ,5 % by weight and which is intended for the
                                           pharmaceutical industry                                              70                0
Within the limit of this tariff quota the Kingdom of Spain and               corresponding to its requirements to the extent that the
the Portuguese Republic shall apply customs duties                           available balance of the reserve so permits .
calculated in accordance with the relevant provisions of the
Act of Accession of Spain and Portugal .                                     3.     The shares drawn pursuant to paragraph 2 shall be
                                                                             valid until the end of the quota period .
2 . If an importer gives notification of imminent imports
of the product in question into a Member State and applies to                4.     The relevant Community provision shall be applied in
take advantage of the quota , the Member State concerned                     order to monitor the use of the product for the prescribed
shall inform the Commission and draw an amount                               specific purpose .
 ---pagebreak--- 31 . 12 . 87                            Official Journal of the European Communities                            No L 383 / 21
                          Article 2                                                          Article 3
1.     Member States shall take all appropriate measures to        At the request of the Commission, Member States shall
ensure that their drawings pursuant to Article 1 ( 2 ) enable      inform it of imports actually charged against the quota.
imports to be charged without interruption against their
accumulated shares of the Community quota.
2.     Each Member State shall ensure that importers of the                                  Article 4
product concerned have free access to the quota for such time
as the residual balance of the quota volume so permits .
                                                                   The Member States and the Commission shall cooperate
3.     Member States shall charge imports of the said goods
                                                                   closely to ensure that this Regulation is complied with .
against their drawings as and when the goods are entered
with the customs authorities for free circulation .
                                                                                             Article 5
4.     The extent to which the quota has been used up shall be
determined on the basis of the imports charged in accordance
with paragraph 3 .                                                 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 President
                                                                                           N. WILHJELM