CELEX: 31987R4074
Language: en
Date: 1987-12-18 00:00:00
Title: Council Regulation (EEC) No 4074/87 of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for ferro-silicon, falling within codes 7202 21 10, 7202 21 90 and 7202 29 00 of the combined nomenclature (1988)

No L 381 / 8                            Official Journal of the European Communities                                       31 . 12 . 87
                                       COUNCIL REGULATION (EEC) No 4074 / 87
                                                     of 18 December 1987
                 opening, allocating and providing for the administration of a Community tariff quota for
                 ferro-silicon, falling within codes 7202 21 10, 7202 21 90 and 7202 29 00 of the
                                                combined nomenclature ( 1988 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          Whereas, during the last three years for which complete
                                                                   statistics are available , the corresponding imports into each
                                                                   of the Member States represented the following percentages
                                                                   of imports of the products in question from third countries
                                                                   not     benefiting     from     an      equivalent      preferential
Having regard to the Treaty establishing the European              arrangement .
Economic Community , and in particular Article 113
thereof,
                                                                              Member States             1984        1985        1986
Having regard to the proposal from the Commission ,                Benelux                             12,43         8,92      23,57
                                                                   Denmark                               0           0           0
                                                                   Germany                             61,12       65,17       64,36
                                                                   Greece                               0           0,13        0,84
Whereas, as regards ferro-silicon , the European Economic
                                                                   Spain                                9,22        0,87        2,25
Community has undertaken to open an annual duty-free               France                               4,69        0,51        0,41
Community tariff quota of 20 000 tonnes ; whereas this             Ireland                              0           0            0
should , however , be reduced to 12 600 tonnes to take             Italy                                3,25       15,92         1,15
account of the traditional imports from EFTA countries             Portugal                             0,55        0,19        0,12
which are free of customs duty under the Agreements                United Kingdom                        8,74       8,29        7,31
concluded with those countries , and also the obligations
entered into in relation to a third country which has the
right of the previous negotiator for this quota volume;
whereas the quota concerned should therefore be opened             Whereas ,, in view of these factors and of market forecasts
on 1 January 1988 and allocated among the Member                   for ferro-silicon for 1988 , the initial percentage shares of
States ;                                                           the quota volume can be expressed approximately as
                                                                   follows :
                                                                           Benelux                                        17,11
Whereas the Community has adopted , with effect from
                                                                           Denmark                                         0,01
1 January 1988 , a combined nomenclature for goods which
meets the requirements of both the Common Customs                          Germany                                       63,69
Tariff and the Nomenclature of Goods for External Trade                    Greece                                          0,45
Statistics of the Community and Statistics of Trade                        Spain                                           3,75
between Member States ; whereas in order to accommodate                    France                                          1,56
                                                                           Ireland                                         0,01
specific Community rules, this Nomenclature has been
expanded into an integrated tariff of the European                         Italy                                           5,25
Communities (TARIC ); whereas , with effect from that                      Portugal                                        0,25
date , the combined nomenclature and , where appropriate,                  United Kingdom                                  7,92
the TARIC code numbers should be used for the
description of the products covered by this Regulation;            Whereas , to take account of future import trends for the
                                                                   product concerned , the quota volume should be divided
                                                                   into two parts, the first being allocated among Member
Whereas equal and continuous access to the quota should            States and the second held as a reserve to cover the
be ensured for all importers and the rate of duty for the          subsequent requirements of Member States which have
tariff quota should be applied consistently to all imports         used up their initial share ; whereas , to give importers some
until the quota is used up ; whereas arrangements for the          degree of certainty , the first parts of the tariff quota should
utilization of the Community tariff quota based on an              be set at a high level , which in this case could be
allocation among Member States would seem to be                    approximately 90 % of the volume of the quota ;
consistent with the Community nature of the quota ;
whereas , to correspond as closely as possible to the actual
market trend in the product in question , allocation of the        Whereas initial shares may be used up at different rates;
quota should be in proportion to the requirements of the           whereas to avoid any break in the continuity of supplies on
Member States as calculated by reference to statistics of          this account, it should be provided that any Member State
imports from third countries during a representative               which has used up its initial share should draw from the
reference period and to the economic outlook for the quota         reserve amounts corresponding to its actual requirements ;
year in question ;                                                 whereas this should be done as many times as the reserve
 ---pagebreak---  31 . 12 . 87                                 Official Journal of the European Communities                                   No L 381 / 9
 allows ; whereas this form of administration requires close                united within and jointly represented by the Benelux
 collaboration    between     the   Member       States    and the          Economic Union , any measure concerning the
 Commission , and the latter must be in a position to                       administration of the shares allocated to that economic
 monitor the extent to which the quotas have been used up                   union may be carried out by any one of its members ,
 and to inform the Member States accordingly ;
Whereas if, at a given date in the quota period , a
considerable quantity of a Member State's initial share                     HAS ADOPTED THIS REGULATION :
remains unused , it is essential that the Member State
concerned should return a significant proportion to the
reserve , in order to prevent a part of the Community quota
remaining unused in one Member State while it could be                                                Article 1
used in others ;
                                                                            1 . From 1 January to 31 December 1988 , the customs
                                                                            duty applicable to imports of the following product shall be
Whereas , since the Kingdom of Belgium , the Kingdom of                    suspended at the level indicated and within the limits of a
the Netherlands and the Grand Duchy of Luxembourg are                      Community tariff quota as shown herewith :
                  Combined                                                                                     Quota          Rate of
    Order
                 nomenclature                                  Description                                    volume           duty
     No
                    code                                                                                     ( tonnes )        (% )
  09.0019        7202 21 10         Ferro-silicon                                                            12 600             0
                 7202 21 90
                 7202 29 00
Within the limits of this tariff quota , Spain and Portugal                                           Article 3
shall apply duties calculated in accordance with the
relevant provisions in the 1985 Act of Accession .                         If a Member State has used all of its initial share as
                                                                           specified in Article 2 (2), or of that share less any portion
                                                                           returned to the reserve pursuant to Article 5 , the following
2 . Imports of the product in question may not be charged                  provisions shall apply.
against this tariff quota if they are already free of customs
duties under other preferential tariff arrangements .
                                                                           If an importer enters a product covered by this Regulation
                                                                           for free circulation in a Member State, accompanied by a
                             Article 2                                     request for preferential treatment for the said product, and
                                                                           this request is accepted by the customs authorities , the
1 . The Community tariff quota referred to in Article 1                    Member State concerned shall by notifying the
shall be divided into two parts .                                          Commission, draw an amount corresponding to its
                                                                           requirements from the reserve referred to in Article 2 ( 3 ).
2 . A first part of the quota of 11 340 tonnes shall be
allocated among the Member States ; the shares shall ,                     Requests to draw on the reserve together with the date of
subject to Article 5 , be valid from 1 January to                          acceptance of the customs declarations must be forwarded
31 December 1988 and shall be as follows :
                                                                           to the Commission without delay.
                                                     (tonnes)
        Benelux                                        1 941
        Denmark                                             1              Drawings shall be granted by the Commission on the basis
        Germany                                       7 223                of the date of acceptance of goods for entry into free
        Greece                                           176               circulation by the customs authorities of the Member State
        Spain                                            300               concerned , provided a sufficient amount remains in the
                                                                           reserve .
        France                                           177
        Ireland                                             1
        Italy                                            595
        Portugal                                          28               If a Member State does not use the quantity drawn , it shall
        United Kingdom                                   898               return it to the reserve as soon as possible.
3 . The second part of 1 260 tonnes shall constitute the                   If reiquests for drawings exceed the amount remaining in
reserve .                                                                  the reserve, an allocation shall be made pro rata . The
 ---pagebreak--- No L 381 / 10                           Official Journal of the European Communities                                   31 . 12 . 87
Member State shall be informed by the Commission                   It shall , not later than 5 October 1988 , inform the Member
through the same procedure .                                       States of the amount still in reserve, following any return of
                                                                   shares pursuant to Article 5 .
                                                                   It shall ensure that the drawing which exhausts the reserve
                           Article 4                               does not exceed the balance available , and to this end shall
                                                                   notify the amount of that balance to the Member State
Additional shares drawn pursuant to Article 3 shall be valid       making the last drawing.
until 31 December 1988 .
                                                                                                Article 8
                           Article 5
                                                                   1 . Member States shall take all appropriate measures to
                                                                   ensure that additional drawings of shares pursuant to
Member States shall , not later than 1 October 1988 , return       Article 3 are carried out in such a way that imports may be
to the reserve the unused portion of their initial share
which , on 15 September 1988 , is in excess of 20 % of the         charged without interruption against their accumulated
                                                                   shares of the Community quota .
initial volume . They may return a greater portion if there
are grounds for believing that it may not be used in full .        2 . Member States shall ensure that importers of the
Member States shall , not later than 1 October 1988 , notify       product in question have free access to the shares allocated
                                                                   to them .
the Commission of the total quantities of the product in
question imported up to and including 15 September 1988 ,          3 . The extent to which the Member States have used up
and charged against the Community quota and of any                 their shares shall be determined on the basis of the imports
portion of their initial shares returned to the reserve.           of the product in question entered with the customs
                                                                   authorities for free circulation .
                           Article 6
                                                                                                Article 9
Member States may restrict the charging of imports against
their shares to products for certain intended uses . In that       At the Commission's request, Member States shall inform it
case the Community provisions on the matter shall be               of imports actually charged against their shares.
applied for checking that the product has been used for the
stipulated purpose .                                                                           Article 10
                                                                   The Member States and the Commission shall cooperate
                           Article 7                               closely to ensure that this Regulation is complied with .
The Commission shall keep an account of the shares drawn
by the Member States pursuant to Articles 2 and 3 and                                          Article 11
shall , as soon as the information reaches it, inform each
State of the extent to which the reserve has been used up .        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 , 18 December 1987 .
                                                                                           For the Council
                                                                                            The President
                                                                                            N. WILHJELM