CELEX: 31986R3744
Language: en
Date: 1986-11-28 00:00:00
Title: Council Regulation (EEC) No 3744/86 of 28 November 1986 opening, allocating and providing for the administration of a Community tariff quota for ferro-chromium containing not more than 0,10 % by weight of carbon and more than 30 % but not more than 90 % by weight of chromium (super-refined ferro-chromium), falling within subheading ex 73.02 E I of the Common Customs Tariff (1987)

No L 353 / 16                          Official Journal of the European Communities                                   13 . 12 . 86
                                        COUNCIL REGULATION (EEC) No 3744 / 86
                                                      of 28 November 1986
                  opening, allocating and providing for the administration of a Community tariff quota for
                  ferro-chromium containing not more than 0,10 % by weight of carbon and more than 30 %
                  but not more than 90 % by weight of chromium (super-refined ferro-chromium), falling
                            within subheading ex 73.02 E I of the Common Customs Tariff ( 1987)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          made by the Member States , the initial percentage shares in
                                                                     the quota volume can be expressed approximately as
                                                                     follows :
 Having regard to the Treaty establishing the European
  Economic Community and in particular Article 113                          Benelux                                    4,01
  thereof,                                                                  Denmark                                    0,01
                                                                            Germany                                   22,27
                                                                            Greece                                     0,01
                                                                            Spain                                     19,37
 Having regard to the proposal from the Commission ,                        France                                    31,16
                                                                            Ireland                                    0,01
                                                                            Italy                              '       8,91
                                                                            Portugal                                   0,89
 Whereas , as regards ferro-chromium containing by weight                   United Kingdom                            13,36
 not more than 0,10 % of carbon and more than 30 % but
 not more than 90 % of chromium ( super-refined ferro­
 chromium ), falling within subheading ex 73.02 E I , the
 European Economic Community has undertaken to open                 Whereas, to take account of future import trends for the
 an annual duty-free tariff quota of 3 000 tonnes ; whereas        product concerned , the quota should be divided into two
 this should however, be reduced to 2 950 tonnes to take            instalments , the first being allocated between the Member
 account of the traditional imports from EFTA countries             States , and the second held as a reserve to cover
 which have been free . of customs duty under the                  subsequently the requirements of Member States which
 Agreements concluded with those countries ; whereas the            have exhausted their initial share ; whereas , to give
 tariff quota concerned should therefore be opened on               importers some degree of certainty , the first instalment of
 1 January 1987 and allocated among the Member States ;            the tariff quota should be fixed at a high level , which in this
                                                                   case could be approximately 91 % of the volume of the
                                                                   quota ;
 Whereas equal and continuous access to the quota should
 be ensured for all importers and the rate of duty for the         Whereas initial shares may be used up at different rates;
tariff quota should be applied consistently to all imports         whereas to avoid disruption of supplies on this account it
until the quota is used up ; whereas arrangements for the          should be provided that any Member State which has
utilization of the Community tariff quota based on an              almost used up its initial share should draw an additional
allocation among Member States would seem to be                    share from the reserve; whereas each time its additional
consistent with the Community nature of the quota ;                share is almost used up a Member. State should draw a
whereas , to correspond as closely as possible to the actual       further share , and so on as many times as the reserve
trend of the market in the product in question , allocation        allows ; whereas the initial and additional shares should be
of the quota should be in proportion to the requirements of        valid until the end of the quota period ; whereas this form
the Member States as calculated by reference to statistics of      of administration requires close collaboration between the
imports from third countries during a representative               Member States and the Commission , which latter must be
reference period and to the economic outlook for the quota         in a position to keep account of the extent to which the
period in question ;                                               quotas have been used up and inform the Member States
                                                                   accordingly ;
Whereas ferro-chromium of this quite specific quality is not
singled out in the Member States' statistical nomenclatures ;      Whereas , if at a given date in the quota period a
whereas their corresponding imports from third countries           considerable quantity of a Member State's initial share
not already benefiting from an equivalent preferential             remains unused , it is essential that that Member State
arrangement could not be detailed in their entirety for the        should return a significant proportion to the reserve , in
abovementioned reference period ; whereas , taking into            order to prevent a part of the Community quota remaining
account the foreseeable evolution of the market in such            unused in one Member State while it could be used in
ferro-chromium for 1987, and in particular the forecasts           others ;
 ---pagebreak--- 13 . 12 . 86                                Official Journal of the European Communities                                   No L 353 / 17
Whereas , since the Kingdom of Belgium , the Kingdom of                   HAS. ADOPTED THIS REGULATION :
the Netherlands and the Grand Duchy of Luxembourg are                                                   Article 1
united within and jointly represented by the Benelux
Economic Union , any measure concerning the                               1 . From 1 January to 31 December 1987 , the Common
administration of the shares allocated to that economic                   Customs Tariff duty on the following product shall be
union may be carried out by any one of its members ,                      suspended at the level and within the limit of a Community
                                                                          tariff quota as shown herewith :
                                     CCT                                                       Amount of '        Rate of
                     Order
                      No
                                    heading                     Description                    tariff quota         duty
                                      No                                                        ( in tonnes)      ( in % )
                    09.0023  '   ex 73.02 E I     Ferro-chromium containing not more
                                                  than 0,10 % by weight of carbon and
                                                  more than 30 % but not more than
                                                  90 % of chromium           ( super-refined
                                                  ferro-chromium )                                  2 950             0
Within the limits of this tariff quota , Spain and Portugal               2 . If a Member State , after exhausting its initial share , has
shall apply duties calculated in accordance with the                      used 90 % or more of the second share drawn by it , that
relevant provisions in the 1985 Act of Accession .                        Member State shall forthwith , in the manner and to the
                                                                          extent provided in paragraph 1 , draw a third share equal to
                                                                          5 % of its initial share rounded up as necessary to the next
2 . Imports of the product in question may not be charged                 whole number .
against this tariff quota if they are already free of customs
duties under other preferential tariff arrangements .
                                                                          3 . If a Member State , after exhausting its second share ,
                                                                          has used 90 % or more of the third share drawn by it, that
                            Article 2                                     Member State shall , in the manner and to the extent
                                                                          provided in paragraph 1 , draw a fourth share equal to the
                                                                          third .
1 . A first , instalment of 2 728 tonnes of this Community
tariff quota shall be allocated among the Member States ;
the shares , which subject to Article 5 shall be valid from
1 January to 31 December 1987 , shall be as follows :                     This process shall apply until the reserve is used up .
                                                    (tonnes)
                                                                          4 . By way of derogation from paragraphs 1 to 3 , a
         Benelux                                        158               Member State may draw shares lower than those specified
         Denmark                                          1               in those paragraphs if there are grounds for believing that
         Germany                                        601               those specified may not be used in full . Any Member State
         Greece                                           1               applying this paragraph shall inform the Commission of its
         Spain                                          500               grounds for so doing.
         France                                         841
         Ireland                                          1
         Italy                                          240
         Portugal                                        24                                             Article 4
         United Kingdom                                 361
                                                                          Additional shares drawn pursuant to Article 3 shall be valid
                                                                          until 31 December 1987 .
2 . The second instalment of 222 tonnes shall constitute
the reserve .
                                                                                                        Article 5
                            Article 3                                     Member States shall , not later than 1 October 1987 , return
                                                                          to the reserve the unused portion of their initial share
1.   If a Member State has used 90 % or more of its initial               which , on 15 September 1987 , is in excess of 20 % of the
share as fixed in Article 2 ( 1 ), or of that share minus any             initial volume . They may return a greater portion if there
portion returned to the reserve pursuant to Article 5 , it                are grounds for believing that it may not be used in full .
shall forthwith , by notifying the Commission , draw a
second share , to the extent that the reserve so permits ,
equal to 10 % of its initial share rounded up as necessary                Member States shall , not later than 1 October 1987 , notify
to the next whole number .                                                the Commission of the total quantities of the product in
 ---pagebreak--- No L 353 / 18                              Official Journal of the European Communities                                13 . 12 . 86
 question imported up to and including 15 September 1987,             are opened in such a way that imports may be charged
and charged against the Community quota and of any                    without interruption against their aggregate share of the
portion of their initial shares returned to the reserve .             Community quota .
                             Article 6
                                                                      2 . Member States shall ensure that importers of the
                                                                      product in question have free access to the shares allocated
Member States may restrict the charging of imports against            to them .
their shares to products for certain intended uses . In that
case the Community provisions on the matter shall be
applied for checking that the product has been used for the           3 . The extent to which the Member States have used up
stipulated purpose .                                                  their shares shall be determined on the basis of imports of
                                                                      the products ' in question entered with the customs
                                                                      authorities for free circulation .
                             Article 7
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2 and 3
and shall , as soon as the information reaches it, inform                                       Article 9
each State of the . extent to which the reserve has been used
up .                                                                  At the Commission's request , Member States shall inform it
                                                                      of the imports actually charged against their shares .
It shall , not later than 5 October 1987 , inform the Member
States of the amount still in reserve , following any return of
shares pursuant to Article 5 .
                                                                                                Article 10
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available , and to this end shall         The Member States and the Commission shall cooperate
notify the amount of that balance to the Member State                 closely to ensure that this Regulation is complied with .
making the last drawing .
                             Article 8
                                                                                                Article 11
1 . Member States shall take all appropriate measures to
ensure that additional shares drawn pursuant to Article 3             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