CELEX: 31986R3742
Language: en
Date: 1986-11-28 00:00:00
Title: Council Regulation (EEC) No 3742/86 of 28 November 1986 opening, allocating and providing for the administration of a Community tariff quota for ferro-silicon, falling within subheading 73.02 C of the Common Customs Tariff (1987)

No L 353 / 10                              Official Journal of the European' Communities                                   13 . 12 . 86
                                           COUNCIL REGULATION ( EEC) No 3742 / 86
                                                         of 28 November 1986
                   opening, allocating and providing for the administration of a Community tariff quota for
                     ferro-silicon, falling within subheading 73.02 C of the Common Customs Tariff ( 1987)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  -
                                                                                                           1983      1984        1985
                                                                       Benelux                            11,12     12,43         8,92
                                                                        Denmark                             0         0           0
                                                                        Germany                           75,99     61,12       65,17
 Having regard to the Treaty establishing the European                 Greece .                            0,04      0           0,13
 Economic Community , and in particular Article 113                    Spain                                1,09     9,22        0,87
 thereof,                                                              France                              0,30      4,69        0,51
                                                                       Ireland                             0         0            0
                                                                       Italy                               2,60      3,25       15,92
                                                                       Portugal                            0         0,55        0,19
                                                                       United Kingdom                      8,86      8,74         8,29
 Having regard to the proposal from the Commission ,
                                                                       Whereas , in view of these factors and of market forecasts
                                                                       for ferro-silicon for 1987 , the initial percentage shares in
Whereas , as regards ferro-silicon falling within subheading           the quota volume can be expressed approximately as
73.02 C , the European Economic Community has                          follows :
undertaken to open an annual duty-free tariff quota of
20 000 tonnes ; whereas this should , however, be reduced                      Benelux                                    10,92
to 12 600 tonnes to take account of the traditional imports                    Denmark                                     0,01
from EFTA countries which have been free of customs duty                       Germany                                    68,75
under the Agreements concluded with those countries , as                       Greece                                      0,05
well as obligations entered into in relation to a third                        Spain                                       3,40
country which has the right of the previous negotiator for                     France                                      1,64
this quota volume; whereas v the quota concerned should                        Ireland                                     0,01
therefore be opened on 1 January 1987 and allocated                            Italy                                       6,34
among the Member States ;                                                      Portugal                                    0,21
                                                                               United Kingdom                              8,67
                                                                       Whereas , to take account of future iihport trends for the
Whereas equal and continuous access to the quota should               product concerned , the quota volume should be divided
be ensured for all importers and the rate of duty for the              into two instalments , two first being allocated among
tariff quota should be applied consistently to all imports             Member States and the second held as a reserve to cover
until the quota is exhausted ; whereas arrangements for the            the subsequent the requirements of Member States which
utilization of the Community tariff quota based on an                  have used up their initial share ; whereas , to give importers
allocation among Member States would seem to be                        some degree of certainty , the first instalment of the tariff
consistent with the Community nature of the quota ;                   quota should be fixed at a high level , which in this case
whereas , to correspond as closely as possible to the actual          could be approximately 95 % of the volume of the quota ;
market trend in the product in question , allocation of the
quota should be in proportion to the requirements of the
Member States as calculated by reference to statistics of             Whereas initial shares may be used up at different rates ;
imports from third countries during a representative                  whereas to avoid disruption of supplies on this account it
reference period and to the economic outlook for the quota            should be provided that any Member State which has
period in question ;                                                  almost used up its initial share should draw an additional
                                                                      share from the reserve ; whereas each time its additional
                                                                      share is almost used up a Member State should draw a
                                                                      further share, and so on as many times as the reserve
                                                                      allows ; whereas the initial and additional shares should be
Whereas , during the last three years for which complete              valid until the end of the quota period ; whereas this form
statistics are available , the corresponding imports into each        of administration requires close collaboration between the
of the Member Sta'tes represented the following percentages           Member States and the Commission , which latter must be
of imports of the products in question from third countries           in a position to keep account of the extent to which the
not benefiting from an equivalent preferential                        quotas have been used up and to inform the Member
arrangement :                                                         States accordingly ;
 ---pagebreak--- 13 . 12 . 86                                Official Journal of the European Communities                                   No L 353 / 11
Whereas if, at a given date in the quota period , a                       administration of the shares allocated to that economic
considerable quantity of a Member State's initial share                   union may be carried out by any one of its members ,
remains unused , it is essential that that Member State                                                     I
should return a significant proportion to the reserve , in
order to prevent a part of the Community quota remaining                  HAS ADOPTED THIS REGULATION :
unused in one Member State while it could be used in
others ;
                                                                                                      Article 1
Whereas , since the Kingdom of Belguim , the Kingdom of                   1 . From 1 January to 31 December 1987 , the Common
the Netherlands and the Grand Duchy of Luxembourg are                     Customs Tariff duty on the following product shall be
united within an jointly represented by the Benelux                       suspended at the level and within the limit of a Community
Economic Union , any measure concerning the                               tariff quota as shown herewith :
                                     CCT                                                      Amount of          Rate of
                    Order
                                    heading                     Description                   tariff quota        duty
                     No
                                      No                                                        (tonnes)          (% )   ■
                  09.0019          73.02 C        Ferro-silicon                                 12 600              0
Within the limits of this tariff quota , Spain and Portugal               shall forthwith , by notifying the Commission , draw a
shall apply duties calculated in accordance with the                      second share , to the extent that the reserve so permits ,
relevant provisions in the 1985 Act of Accession .                        equal to 5 % of its initial share rounded up as necessary to
                                                                          the next whole number .
2 . Imports of the product in question may not be charged
against this tariff quota if they are already free of customs
duties under other preferential tariff arrangements .                     2 . . If a Member State , after exhausting its initial share, has
                                                                          used 90 % or more of the second share drawn by it, that
                                                                          Member State shall forthwith , in the manner and to the
                                                                          extent provided in paragraph 1 , draw a third share equal to
                           Article 2                                      2,5 % of its initial share rounded up as necessary to the
                                                                          next whole number .
1 . The Community tariff quota referred to in Article 1
shall be divided into two instalments .
                                                                          3 . If a Member State , after exhausting its second share ,
                                                                          has used 90 % or more of the third share drawn by it, that
2 . A first instalment of 12 000 tonnes shall be allocated
                                                                          Member State shall , in the manner and to the extent
among the Member States; the shares , which , subject to                  provided in paragraph 1 , draw a fourth share equal to the
Article 5 , shall be valid from 1 January to 31 December                  third .
 1987 , shall be as follows:
                                                    (tonnes)
                                                                          This process shall apply until the reserve is used up .
         Benelux                                      1 310
         Denmark                                           1
         Germany                                      8 251               4 . By way of derogation from paragraphs 1 , 2 and 3 , a
         Greece                                            6              Member State may draw shares lower than those specified
         Spain                                          300                in those paragraphs if there are grounds for believing that
         France             v                           197               those specified may not be used in full . Any Member State
         Ireland                                           1               applying this paragraph shall inform the Commission of its
         Italy                                          761               grounds for so doing.
         Portugal                                        25
         United Kingdom                               1 148
                                                                                                       Article 4
3.   The second instalment of 600 tonnes shall constitute
 the reserve .                                                             Additional shares drawn pursuant to Article 3 shall be valid
                                                                           until 31 December 1987 .
                           Article 3
                                                                                                       Article 5
 1 . If a Member State has used 90 % or more of its initial
 share as fixed in Article 2 ( 2 ), or of that share minus any             Member States shall , not later than 1 October 1987 , return
 portion returned to the reserve pursuant to Article 5 , it                to the reserve the unused portion of their initial share
 ---pagebreak---  No L 353 / 12                              Official Journal of the European Communities                                  13 . 12 . 86
 which , on 15 September 1987 , is in excess of 20 % of the                                       Article 8
 initial volume. They may return a greater portion if there
 are grounds for believing that it may not be used in full .           1 . Member States shall take all appropriate measures to
                                                                       ensure that additional shares drawn pursuant, to Article 3
 Member States shall , not later than 1 October 1987 , notify          are opened in such a way that imports may be charged
the Commission of the total quantities of the product in              without interruption against their aggregate shares of the
 question imported up to and including 15 September 1987 ,             Community quota .
and charged against the Community quota and of any
portion of their initial shares returned to the reserve .
                                                                       2 . Member States shall ensure that importers of the
                                                                       product in question have free access to the shares allocated
                             Article 6                                 to them .
Member States may restrict the charging of imports against
their shares to products for certain intended uses . In that           3 . The extent to which the Member States have used up
case the Community provisions on the matter shall be                   their shares shall be determined on the basis of the imports
applied for checking that the product has been used for the            of the product in question entered with the customs
                                                                       authorities for free circulation .
stipulated purpose .
                             Article 7                                                            Article 9
The Commission shall keep an account of the shares                     At the Commission's request , Member States shall inform it
opened by the Member States pursuant to Articles 2 and 3              of imports actually charged against their shares .
and shall , as soon as the information reaches it , inform
each State of the extent to which the reserve had been used
up .                                                                                             Article 10
It shall , not later than 5 October 1987 , inform the Member          The Member States and the Commission shall cooperate
States of the amount still in reserve , following any return of       closely to ensure that this Regulation is complied with .
shares pursuant to Article 5 .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available , and to this end shall                                    Article 11
notify the amount of that balance to the Member State
making the last drawing .                                             This Regulation shall enter into . force on 1 January 1987 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels , 28 November 1986 .
                                                                                            For the Council
                                                                                             The President
                                                                                             A. RUMBOLD