CELEX: 31987R4101
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4101/87 of 22 December 1987 opening and providing for the administration of a Community tariff quota for certain grades of magnesium falling within code ex 8104 11 00 of the combined nomenclature

No L 383 / 22                           Official Journal of the European Communities                                       31 . 12 . 87
                                         COUNCIL REGULATION (EEC) No 4101 / 87
                                                         of 22 December 1987
                opening and providing for the administration of a Community tariff quota for certain grades of
                          magnesium falling within code ex 8104 11 00 of the combined nomenclature
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               sufficient accuracy, it should not be allocated among the
                                                                          Member States, without prejudice to the drawing against the
  Having regard to the Treaty establishing the European                   quota volume of such quantities as they may need , under
  Economic Community , and in particular Article 28                       conditions and according to a procedure to be determined;
  thereof,                                                                whereas this method of administration requires close
                                                                          cooperation     between    the     Member  States   and     the
                                                                          Commission and the latter must in particular be able to
 Having regard to the proposal from the Commission ,                      monitor the rate at which the quota is used and inform the
                                                                          Member States accordingly;
 Whereas production in the Community of certain extra-pure
 grades of magnesium intended for use in the nuclear industry
 and falling within subheading ex 8104 11 00 of the                       Whereas since the Kingdom of Belgium, the Kingdom of the
 combined nomenclature is currently unable to meet the                    Netherlands and the Grand Duchy of Luxembourg are united
 specific requirements of the user industries in the                      within and jointly represented by the Benelux Economic
                                                                          Union , any operation concerning the administration of the
 Community; whereas , consequently , Community supplies of
 products of this type currently depend on imports from third             quota shares allocated to that economic union may be carried
                                                                          out by any one of its members ,
 countries ; whereas the Community requirements for the
 products in question 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 expiring on 31 December 1988 ;                       HAS ADOPTED THIS REGULATION:
 whereas , in order not to upset the balance of the market for
 this product, the volume of the Community tariff quota
 should be set at 600 tonnes ;
                                                                                                     Article 1
 Whereas equal and continuous access to the quota should be
 ensured for all Community importers and the rates laid down
 for the quota should be applied consistently to all imports of           1.    From 1 January to 3 1 December 1988 the customs duty
 the product in question into all the Member States until the             applicable to imports of the following product shall be
 quota is exhausted ; whereas , however , since the quota is to           suspended at the level indicated and within the limits of a
 cover requirements which cannot be determined with                       Community tariff quota as shown below:
      Order No           CN Code                               Description                           Volume of quota    Rate of duty
                                                                                                         ( tonnes )         (% )
09.2741              ex 8104 11 00       Unwrought magensium having a purity ofnot less than
                                         99,95 % in the form of billets containing by weight not
                                         more than 0,015 % of iron , not more than 0,002 % of
                                         nickel , not more than 0,005 % of lead and not more
                                         than 0,006% of manganese , for use in the
                                         manufacture of raspings for the nuclear fuel
                                         industry                                                           600              0
2 . Within the limit of this tariff quota the Kingdom of                                            Article 2
Spain and the Portuguese Republic shall apply customs duties
calculated in accordance with the relevant provisions of the             1 . If an importer gives notification of imminent imports
1985 Act of Accession .                                                  of the product in question into a Member State and applies to
                                                                         take advantage of the quota , the Member State concerned
3.     The relevant Community provisions shall be applied in             shall inform the Commission and draw an amount
order to monitor the use of the product for the prescribed               corresponding to its requirements to the extent that the
specific purpose .                                                       available balance of the reserve so permits .
 ---pagebreak--- 31 . 12 . 87                            Official Journal of the European Communities                             No L 383 / 23
2.     The shares drawn pursuant to paragraph 1 shall be           4.    The extent to which the quota has been used up shall be
valid until the end of the quota period .                          determined on the basis of the imports charged in accordance
                                                                   with paragraph 3 .
                           Article 3                                                         Article 4
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 2 ( 1 ) enable      inform it of imports actually charged against the quota .
imports to be charged without interruption against their
accumulated shares of the Community quota .
                                                                                             Article 5
2.     Each Member State shall ensure that importers of the
product concerned have free access to the quota for such           The Member States and the Commission shall cooperate
times as the residual balance of the quota volume so               closely to ensure that this Regulation is complied with .
permits .
3.     Member States shall charge imports of the said goods                                  Article 6
against their drawings as and when the goods are entered
with the customs authorities for free circulation .                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