CELEX: 31987R4098
Language: en
Date: 1987-12-22 00:00:00
Title: Council Regulation (EEC) No 4098/87 of 22 December 1987 opening, allocating and providing for the administration of a Community tariff quota for ferro-chromium containing by weight more than 6 % of carbon, and falling within code 7202 41 90 of the combined nomenclature

No L 383 / 14                             Official Journal of the European Communities                                       31 . 12 . 87
                                           COUNCIL REGULATION ( EEC ) No 4098 / 87
                                                          of 22 December 1987
                opening, allocating and providing for the administration of a Community tariff quota for
                ferro-chromium containing by weight more than 6 % of carbon, and falling within code 7202 41 90
                                                     of the combined nomenclature
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             Whereas , to allow for possible changes in imports of the said
                                                                       product, the quota volume should be divided into two parts,
                                                                       the first being allocated among the Member States and the
 Having regard to the Treaty establishing the European                 second held as a reserve to cover any subsequent
  Economic Community, and in particular Article 28                     requirements of Member States which have used up their
 thereof,                                                              initial shares; whereas, to afford importers some degree of
                                                                       certainty, the first part of the Community tariff quota should
                                                                       be fixed at a high level , which in this case could be 75 % of the
                                                                       quota volume ;
 Having regard to the proposal from the Commission ,
                                                                       Whereas the initial shares of the Member States may be used
                                                                       up at different rates; whereas, in order to avoid any break in
 Whereas there is a variable shortfall in Community                    the continuity of supplies on this account , it should be
 production of ferro-chromium containing by weight more                provided that any Member State which has almost used up its
 than 6 % of carbon and producers are thus unable to meet the          initial share should draw an additional share from the
 total needs of user industries ; whereas it is therefore in the       reserve ; whereas each time one of its additional shares is
 Community's interest to suspend totally the customs duties            almost used up a Member State should draw a further share ,
 applicable to that metal for a period ending on 31 December           and so on as many times as the reserve allows ; whereas the
                                                                       initial and additional shares must be valid until the end of the
 1988 within the limits of a tariff quota fixed at an
 appropriate volume ; whereas , in order to avoid disturbing           quota period; whereas this form of administration requires
 the equilibrium of the market for that ferro-alloy and to            close cooperation between the Member States and the
                                                                       Commission and the latter must be able to monitor the extent
 ensure both an outlet for Community production and
 sufficient supplies for Community user industries , the quota        to which the quota volume has been used up and inform the
 volume should be fixed at a provisional 210 000 tonnes , thus        Member States accordingly ;
 covering immediate needs for imports from third countries ;
 whereas , moreover, Member States should be free to make             Whereas if at a given date in the quota period a considerable
 the charging of products against that volume subject to              quantity of a Member State's initial share remains unused, it
 certain conditions concerning end use;                               is essential that the Member State concerned should return a
                                                                      significant proportion thereof to the reserve in order to
                                                                      prevent part of the Community tariff quota from remaining
                                                                      unused in one Member State when it could be used in
 Whereas equal and continuous access to the quota should be           others ;
 ensured for all importers and the rate laid down for the quota
 should be applied consistently to all imports of the product in
 question until the quota is exhausted ; whereas , in the light of    Whereas since the Kingdom of Belgium, the Kingdom of the
these principles, allocation of the tariff quota among the            Netherlands and the Grand Duchy of Luxembourg are united
Member States would seem to preserve the Community                    within and jointly represented by the Benelux Economic
nature of the quota; whereas, in order to correspond as               Union , any operation concerning the administration of the
closely as possible to the real trend of the market for the           quota shares allocated to that economic union may be carried
product in question the allocation should reflect                     out by any one of its members ,
requirements of the Member States based on statistics of
imports of the said product from third countries during a
representative reference period and on the economic outlook
for the quota year in question ;                                      HAS ADOPTED THIS REGULATION:
Whereas, since this is an autonomous Community tariff
                                                                                                   Article 1
quota intended to cover import needs arising in the
Community , the quota may, on an experimental basis , be
allocated on the basis of each Member State's estimated               1.      From 1 January to 3 1 December 1988 the customs duty
provisional needs for imports from third countries ; whereas          applicable to imports of the following product shall be
these allocation arrangements also ensure the uniform                 suspended at the level indicated and within the limits of a
application of the Common Customs Tariff;                             Community tariff quota as shown below:
 ---pagebreak--- 31 . 12 . 87                               Official Journal of the European Communities                                   No L 383 / 15
                                                                                                      Volume of quota     Rate of duty
     Order No               CN code                            Description                                (tonnes)            (% )
09.2711                7202 41 90          Ferro-chromium containing by weight more than 6 %
                                           of carbon                                                     210 000               0
2.     Within the limits of this tariff quota , the Kingdom of           share , rounded up where necessary to the next whole
Spain and the Portuguese Republic shall apply customs duties             number .
calculated in accordance with the relevant provisions of the
1985 Act of Accession .                                                  3.     If, after its second share has been used up , a Member
                                                                         State has used 90 % or more of its third share , it shall , using
3.     Imports of the product in question which benefit from             the procedure provided for in paragraph 1 , draw a fourth
exemption from customs duties under other preferential                   share equal to the third .
tariff arrangements shall not be charged against this tariff
quota .
                                                                         This process shall continue until the reserve is used up .
                                                                         4.     By way of derogation from paragraphs 1 , 2 and 3 ,
                              Article 2                                  Member States may draw smaller shares than those specified
                                                                         in the said paragraphs if there is reason to believe that they
1.      The Community tariff quota referred to in Article 1              might not be used in full . Member States shall inform the
shall be divided into two parts .                                        Commission of their reasons for applying this paragraph .
2.     The first part, amounting to 157 500 tonnes , shall be
allocated among certain Member States ; subject to Article 5 ,
the quota shares shall be valid until 31 December 1988 and                                            Article 4
shall be as follows :
                                                                         Additional shares drawn pursuant to Article 3 shall be valid
                                                  (tonnes)               until 31 December 1988 .
        Benelux                                    11 403
        Germany                                   51  345
        Spain                                      18 553
        France                                    31  390                                             Article 5
        Italy                                     28  539
        United Kingdom                             16 270
                                                                         By 1 October 1988 at the latest , Member States must return
                                                                         to the reserve the unused portion of their initial share which ,
3.     The second part, amounting to 52 500 tonnes , shall               on 15 September 1988 , is in excess of 20% of the initial
constitute the reserve .                                                 volume . They may return a greater portion if there is reason
                                                                         to believe that it might not be used .
4.     If an importer gives notification of imminent imports
of the product in question into a Member State to which no               By 1 October 1988 at the latest , Member States must notify
initial share has been allocated and applies to take advantage           the Commission of the total quantities of the product
of the quota , the Member State concerned shall inform the               concerned imported on or before 15 September 1988 and
Commission and draw an amount corresponding to its                       charged against the Community quota and of any portion of
requirements to the extent that the available balance of the             their initial share that they are returning to the reserve .
reserve so permits .
                              Article 3                                                               Article 6
1.     If a Member State has used 90 % or more of its initial            Member States may decide that only products intended for
share as specified in Article 2 ( 2 ), or of that share less any         certain uses may be charged against their shares of the quota
portion returned to the reserve pursuant to Article 5 , it shall         for the products in question . In this case use of the products
forthwith , by notifying the Commission and to the extent                for the prescribed specific purpose shall be monitored by
that the reserve so permits , draw a second share equal to               application of the relevant Community provisions .
10 % of its initial share , rounded up where necessary to the
next whole number .
                                                                                                      Article 7
2.     If, after its initial share has been used up , a Member
State has used 90% or more of its second share as well , it
shall forthwith , using the procedure provided for in                    The Commission shall keep account of the shares drawn by
paragraph 1 , draw a third share equal to 5 % of its initial             Member States pursuant to Articles 2 and 3 and shall inform
 ---pagebreak--- No L 383 / 16                              Official Journal of the European Communities                                  31 . 12 . 87
each Member State of the extent to which the reserve has              question against their shares as and when the goods are
been used up as soon as it has been notified .                        entered with the customs authorities for free circulation .
It shall inform the Member States , not later than 5 October          4.     The extent to which Member States have used up their
1988 , of the state of the reserve following any return of quota      shares shall be determined on the basis of the imports charged
shares pursuant to Article 5 .                                        in accordance with paragraph 3 .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available , and to this end shall
                                                                                                 Article 9
notify the amount of that balance to the Member State
making the final drawing.
                                                                      At the request of the Commission , Member States shall
                                                                      inform it of imports actually charged against their quota
                                                                      shares .
                             Article 8
1.     Member States shall take all appropriate measures to                                     Article 1 0
ensure that additional drawings of shares pursuant to
Article 3 enable imports to be charged without interruption
against their accumulated share of the Community quota .              The Member States and the Commission shall cooperate
                                                                      closely to ensure that this Regulation is complied with .
2.     Member States shall ensure that importers of the
product concerned have free access to the quota shares
allocated to them .                                                                             Article 11
3.     Member States shall charge imports of the product in           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