CELEX: 51989PC0298
Language: en
Date: 1989-06-20
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF COMMUNITY TARIFF QUOTAS FOR CERTAIN KINDS OF TERT-BUTYL-HYDROPEROXIDE AND CELLULOSE ACETATE-BUTYRATE

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(89) 298 final
                                                            June 1989
                                              Brussels, 2 0
                        Proposal for a
                   ÇOUNÇIL^REGULATIOÊMEEC)
       opening and providing for the administration of
                 Community tariff quotas for
        certain kinds of tert-butyl-hydroperoxide and
                  cellulose acetate-butyrate
                  (presented by the Commission)
 ---pagebreak---                    EXPLANATORY MEMORANDUM
1. As a result of requests made by authorities of Italy, Germany and
   the Benelux, the Services of the Commission have examined with government
   experts the opportunity of opening autonomous Community tariff quotas
   for certain kinds of tert-butyl-hydroperoxide,  falling within subheading
   ex 2909 60 90 of the CN and of cellulose acetobutyrate, falling within
   heading ex 3912 90 10 of the CN.
2. Following this examination it appears that a solution which envisages
   the opening for the second half of 1989 of duty-free tariff quotas of
   1 700 tonnes for tert-butyl-hydroperoxide and 150 tonnes for cellulose
   acetate-butyrate,  could be accepted by all Member States, without
   disturbing the Community market for the products in question.
   This is the purpose of the proposal.
 ---pagebreak---                                                              Proposal f o r a
                                             COUNCIL REGULATION (EEC) No         /
                                                          of
                         opening and providing for the administration of Community tariff quotas f o r certain
                         kinds of ter*4xityl-nydroperoxide and cellulose acetate-butyrate
  THE COUNCIL OF THE EUROPEAN COMMUNITIES.
   Having regard to the Treaty establishing the European
   Economic Community, and in particular Article 28
   thereof.
   Having regard to the proposal from the Commission.
   Whercns production in the Community of certain kinds of tert-butyl-hyofropcroxide
    and cellulose acetate-butyrate
                                    is currently unable to meet the
    specific requirements of the user industries in the
    Community ; whereas, consequently. Community supplies
    of products of this type currently depend to a
    considerable extent oh imports from third countries :
    whereas the most urgent Community requirements for
    the products in question should be met immediately on
    the most favourable terms; whereas zero-duty Community
t a r i f f quotas          should therefore be opened within the
    limits of           appropriate volumes for a period from I
    July       to 31 December 1989, under certain conditions concerning presentation or
    in order not to
     upset the balance of the market S for these products, the
     volume of the Community tariff quotasshould be set at
                                   respectively 1 TOO and 150 tome$/
       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 Strifes
       until the quotas have Inren used up ; whereas, it i*
        a p p a r i â t * to take t h * necessary measures «o
        ensure efficient Community administration of
        these t a r i f f quotas while offering the Member
        States the opportunity to draw from the quota
        volumes the necessary quantities corresponding
        to actual imports;
                         whereas 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 Sûtes accordingly;
     Whereas, since the Kingdom of Belgium, the Kingdom of
     the Netherlands and the Grand Duchy of Luxembourg
     are united within and jointly represented by the Benelux
      Economic Union, all transactions concerning the
     administration of these quotas
     may be carried out by any one of its members,
 ---pagebreak---                                                               -2 -
                               HAS ADOPTED THIS REGULATION
                                                        Article 1
                               1.    From I July      to .11 December 1989 the customs
                               duty applicable to imports of the following products s h a l l be
                           Suspended a t the l e v e l s indicated and within the limits
                           Of t h e Community tariff quotas as shown below :
                                                                                             Volume
                                                                                                      Rate of duly
 C>cdcr N o    CN code                             IVwriplifm                                ai quota
                                                                                          (tomes)
09.2745     ex 290960 90 Tert-butyl-hydroperoxide containing by weight                     1 700
                          28X or more but not more than 32% of water
09.2747     ex3912 90 10 Cellulose acetate-butyrate, for the manufacture                      150
                          of interior trim for cars
                                  Within the limits of these tariff quotas, the
                            Kingdom of Spain and the Portuguese Republic shall
                            apply customs duties calculated in accordance with the
                            relevant provisions in the Act of Accession.
                       2.   If an importer presents in a Member State a declaration of
                            entry into free circulation, including a request for
                            preferential benefit for a product covered by this
                            Regulation and if this request is accepted by the customs
                            authorities, the Member States concerned shall inform the
                            Commission and draw an amount equal                  to its
                            requirements from the corresponding quota amount.
                            The drawing requests, with indication of the date of
                            acceptance of the said declarations, must be transmitted
                            to the Commission without delay.
                            The drawings arc granted by the Commission by
                             reference to the date of acceptance of the declarations of
                            entry into free circulation by the customs authorities of
                            the Member States concerned to the extent that the
                             available balance so permits.
 ---pagebreak---                                                                  -3 -
 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 thereof by the Commission.
 3. For the quota shown under order runber 09.2747,
     the relevant Community provision shall be
 applied in order to monitor the use of the
 product for the prescribed specific purpose.
                                                                                                        ArticU 3
                    Article 2
                                                                              The Member States and the Commission shall cooperate
           Each Member State shall ensure that importers of                   closely to ensure that this Regulation is complied with.
     the products concerned have free and equal access to the quo-
for such time as the residual balance of the quota volumes so                                           Article 4
     permits.
                                                                              This Regulation shall enter into force on 1 July 1989.
                               This Regulation shall be binding in its entirety and directly applicable in all Member
                               States.
                               Done at Brussels,
                                                                                          For the Council
                                                                                            The President
                                                                                                                                       ?
 ---pagebreak---             FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
La présente proposition vise l'ouverture de contingents tarifaires
communautaires autonomes destinés à couvrir, à des conditions
favorables, les besoins des industries utilisatrices. Elle aura pour
effet de permettre à ces industries de concurrencer celles des pays
tiers sur les marchés de la Communauté et des pays tiers et de
maintenir ou même d'améliorer l'emploi dans la Communauté.
                                                                     6
 ---pagebreak--- FICHE FIN',
1. Liane budgétaire concernée       : Chap.12,art.120
2. Base .juridique : article 28 du traité
3 . Intitulé de la mesure tarifaire : Proposition de règlement du Conseil
    portant ouverture et mode de gestion de contingents tarifaires
    communautaires pour certaines qualités d'hydroperoxyde de tert-butyle
    d'acétobutyrate de cellulose.
4. 0 b .1 e c t i f : Couvrir, à des conditions pl.us favorables, les besoins
    des industries communautaires.
    Mode de calcul '.
    Code de la N.G.             ex 290 9 60 90         ex 3 912 9 0 10
    Volume du contingent            l 7 0 0 tonnes      150 tonnes
    Droit à appliquer            0 %                     0 %
    Droit normal                 6,6 %                   6,4 %
6. Perte de recettes
    Valeur d'une tonne                    1 580 écus      3 450 écus
    Valeur totale                    2 686 000 écus     517 500 écus
    Perte de recettes                  177 276 écus      33 120 écus
                                                210 396 écus
Nouvelles mesures tarifaires
 ---pagebreak--- Commission of the European Communities
COM(89) 298 final
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of Community tariff quotas
for certain kinds of tert-butyl-hydroperoxide and cellulose acetate-
butyrate
(submitted to the Council by the Commission)
20.6.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 - 8 pp. - Format. 21.0 * 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-51189-3
Catalogue number: CB-CO-89-264-EN-C
 ---pagebreak---                                            ISSN 0254-1475
COM(89) 298 final
DOCUMENTS
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of
Community tariff quotas for certain kinds of
tert-butyl-hydroperoxide and cellulose acetate-
butyrate
(submitted to the Council by the Commission)
 11     02                                20.6.1989
Catalogue number: CB-CO-89-264-EN-C
ISBN 92-77-51189-3
€
COMMISSION OF THE EUROPEAN COMMUNITIES