CELEX: 31988R4190
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4190/88 of 16 December 1988 opening and providing for the administration of a Community tariff quota for ferro-silico-manganese (1989)

No L 368 / 32                              Official Journal of the European Communities                                     31 . 12 . 88
                                          COUNCIL REGULATION (EEC) No 4190/ 88
                                                        of 16 December 1988
                  opening and providing for the administration of a Community tariff quota for
                                                    ferro-silico-manganese ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 States, without prejudice to the drawing, on the tariff
                                                                          quota , of such quantities as they may need, under
                                                                          conditions and according to a procedure to be determined ;
                                                                          whereas this method of administration requires close
Having regard to the Treaty establishing the European                     cooperation between the Member States and the
Economic Community , and in particular Article 113                        Commission and the latter must in particular be able to
thereof,
                                                                          monitor the rate at which the tariff quota is used and
                                                                          inform the Member States accordingly ;
Having regard to the proposal from the Commission ,
                                                                          Whereas, since the Kingdom of Belgium, the Kingdom of
                                                                          the Netherlands and the Grand Duchy of Luxembourg are
Whereas, as regards ferro-silico-manganese, the European                  united within and jointly represented by the Benelux
Economic Community has undertaken to open an annual                       Economic Union , any measure concerning the
duty-free Community tariff quota of 50 000 tonnes;                        administration of the shares levied by that economic union
whereas this should however be reduced to 18 550 tonnes
                                                                          may be carried out by any one of its members ,
to take account of the traditional imports from EFTA
countries which are free of customs duty under the
Agreements concluded with those countries; whereas the
tariff quota concerned should therefore be opened on 1                    HAS ADOPTED THIS REGULATION :
January 1989 ;
Whereas equal and continuous access to the quota should                                           - Article 1
be ensured for all Community importers and the rates laid
down for the quota should be applied consistently to all                  1 . From 1 January to 31 December 1989 , the customs
imports of the product in question into all the Member                    duty applicable to imports of the following product shall be
States until the quota is exhausted; whereas it is                        suspended at the level indicated and wihtin the limits of
appropriate not to provide for allocation among Member                    Community tariff quota as shown herewith :
                                                                                                            Quota           Rate of
   Order
                  CN code                                     Description                                   volume           duty
    No
                                                                                                           (tonnes )          (% )
 09.0021        7202 30 00        Ferro-silicio-manganese                                                  18 550              0
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 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
2 . Imports of the product in question may not be charged                 Regulation, and if this declaration is accepted by the
against this tariff quota if they are already free of customs             customs authorities, the Member State concerned shall
duties under other preferential tariff quota if they are                  draw, from the tariff quota , by means of notification to the
already free of customs duties under other preferential                   Commission, a quantity corresponding to these needs.
tariff arrangements.
                                                                          The requests for drawing, with the indication of the date of
                                                                          acceptance of the said declarations, must be communicated
                                                                          to the Commission without delay .
                           Article 2
                                                                          The drawings are granted by the Commission on the basis
The tariff quota referred to in Article 1 shall be                        of the date of acceptance of the declaration of entry into
administered by the Commission , which may take any                       free circulation by the customs authorities of the Member
appropriate measure with a view to ensuring the efficient                 State concerned , to the extent that the available balance so
administration thereof.                                                   permits.
 ---pagebreak--- 31 . 12 . 88                            Official Journal of the European Communities                            No L 368 / 33
If a Member State does not use the quantities drawn , it           with the customs authorities under cover of declarations of
shall return them as soon as possible to the tariff quota .        entry into free circulation .
If the quantities requested are greater than the available         4 . The extent to which the quota has been used up shall
balance of the tariff quota, allocation shall be made on a         be determined on the basis of the imports charged in
pro rata basis with respect to the requests. Member States         accordance with paragraph 3 .
shall be informed by the Commission in accordance with
the same procedures .
                                                                                             Article 5
                          Article 4                                At the request of the Commission, Member States shall
                                                                   inform it of imports actually charged against the quota.
1 . Member States shall take all appropriate measures to
ensure that their drawings pursuant to Article 3 enable
imports to be charged without interruption against their
                                                                                             Article 6
accumulated shares of the Community quota.
                                                                   The Member States and the Commission shall cooperate
2 . Each Member State shall ensure that importers of the           closely to ensure that this Regulation is complied with .
product concerned have free access to the quota for such
times as the balance of the tariff quota so permits.
                                                                                             Article 7
3 . Member States shall charge imports of the said product
against their drawings as and when the goods are entered           This Regulation shall enter into force on 1 January 1989 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 16 December 1988 .
                                                                                        For the Council
                                                                                         The President
                                                                                       G. GENNIMATAS