CELEX: 31987R4075
Language: en
Date: 1987-12-18
Title: Council Regulation (EEC) No 4075/87 of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for ferro-silico-manganese (1988)

31 . 12 . 87                           Official Journal of the European Communities                                No L 381 / 11
                                       COUNCIL REGULATION (EEC) No 4075 / 87
                                                      of 18 December 1987
                 opening, allocating and providing for the administration of a Community tariff quota for
                                                 ferro-silico-manganese ( 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 product 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
                                                                   Benelux                             2,53      5,30       0,85
Having regard to the proposal from the Commission ,
                                                                   Denmark                             0         0          0
                                                                   Germany                            72,51     66,53      52,12
                                                                   Greece                              0         0          0,42
                                                                   Spain                               0         0,77      11,50
Whereas , as regards ferro-silico-manganese , the European         France                              5,45      0,21       0,35
Economic Community has undertaken to open an annual                Ireland                             0         0          0
duty-free Community tariff quota of 50 000 tonnes ;                Italy                              11,17     12,72       9,70
whereas this should however be reduced to 18 550 tonnes            Portugal                            0         0          0
to take account of the traditional imports from EFTA               United Kingdom                      8,34     14,47      17,36
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 January 1988 and allocated among the Member States ;             Whereas , in view of the factors and of market forecasts for
                                                                   ferro-silico-manganese for 1988 , the inital percentage
                                                                   shares of the quota volume can be expressed approximately
                                                                   as follows :
Whereas the Community has, adopted , with effect from
1 January 1988 , a combined nomenclature for goods which                   Benelux                                     6,09
meets the requirements of both the Common Customs                          Denmark                                     0,01
Tariff and the Nomenclature of Goods for External Trade                    Germany                                    61,45
Statistics of the Community and Statistics of Trade                        Greece                                      0,19
between Member States ; whereas in order to accommodate                    Spain                                       5,45
specific Community rules , this nomenclature has been                      France                                      1,55
expanded into an integrated tariff of the European                         Ireland                                     0,01
Communities (TARIC ); whereas, with effect from that                       Italy                                      10,96
date , the combined nomenclature and , where appropriate ,                 Portugal                                    0,01
the   TARIC    code  numbers     should  be   used   for   the             United Kingdom                             14,28
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
Whereas equal and continuous access to the quota should            into two parts , the first being allocated between the
be ensured for all importers and the rate of duty for the          Member States and the second forming a reserve intended
tariff quota should be applied consistently to all imports         to cover the subsequent requirements of Member States
until the quota is used up ; whereas, in the light of the          which have used up their initial share ; whereas , in order to
principles outlined above, arrangements for the utilization        give importers some degree of certainty , the first part of the
of the Community tariff quota based on an allocation               tariff quota should be set at a high level , which in this case
among Member States would seem to be consistent with               should be approximately 90 % of the volume of the
the Community nature of the quota ; whereas , in order that        quota ;
it may correspond as closely as possible to the actual
market trends in the product in question , allocation of the
quota should be in proportion to the requirements of the           Whereas initial shares may be used up at different rates;
Member States as calculated by reference to statistical data       whereas , to avoid any break in the continuity of supplies
on imports from third countries during a representative            on this account, it should be provided that any Member
reference period and to the economic prospects for the             State which has used up its initial share should draw from
quota year in question ;                                           the reserve amounts corresponding to its actual
 ---pagebreak--- No L 381 / 12                                Official Journal of the European Communities                                    31 . 12 . 87
requirements ; whereas this should be done as many times                   united within and jointly represented by the Benelux
as the reserve allows ; whereas this form of administration                Economic Union , any measure concerning the
requires close collaboration between the Member States                     administration of the shares allocated to that economic
and the Commission , and the latter must be in a position to               union may be carried out by any one of its members ,
monitor the extent to which the quotas have been used up
and to inform the Member States accordingly;
Whereas , if at a given date in the quota period a                         HAS ADOPTED THIS REGULATION :
considerable quantity of a Member State's initial share
remains unused , it is essential that the Member State
concerned should return a significant proportion to the
reserve, in order to avoid a part of the Community quota                                             Article 1
remaining unused in one Member State when it could be
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 )          (% )
 09.0021        7202 30 00          Ferro-silico-manganese                                                  18 550              0
Within the limits of this tariff quota , Spain and Portugal                returned to the reserve pursuant to Article 5 , the following
shall apply duties calculated in accordance with the                       provisions shall apply.
relevant provisions in the 1985 Act of Accession .
2. Imports of the product in question may not be charged
against this tariff quota if they are already free of customs              If an importer enters a product covered by this Regulation
duties under other preferential tariff quota if they are                   for free circulation in a Member State , accompanied by a
already free of customs duties under other preferential                    request for preferential treatment for the said product, and
tariff arrangements .                                                      this request is accepted by the customs authorities , the
                                                                           Member      State   concerned     shall    by notifying     the
                             Article 2
                                                                           Commission , draw an amount corresponding to its
                                                                           requirements from the reserve referred to in Article 2 ( 3 ).
1 . A first part of 16 695 tonnes shall be allocated among
the Member States ; the shares , shall subject to Article 5 , be
valid from 1 January to 31 December 1988 and shall be as                   Requests to draw on the reserve together with the date of
follows :                                                                  acceptance of the customs declarations must be forwarded
                                                                           to the Commission without delay .
                                                     (tonnes)
        Benelux                                        1 016
        Denmark                                            1
        Germany                                     10 260                 Drawings are granted by the Commission on the basis of
        Greece                                            31               the date of acceptance of goods for entry into free
        Spain                                            910               circulation by the customs authorities of the Member State
        France                                           259               concerned , provided a sufficient amount remains in the
        Ireland                                            1               reserve .
        Italy                                          1 831
        Portugal                                           1
        United Kingdom                                2 385
                                                                           If a Member State does not use the quantity drawn , it shall
                                                                           return it to the reserve as soon as possible.
2 . The second part of 1 855 tonnes shall constitute the
reserve .
                             Article 3                                     If requests for drawings exceed the amount remaining in
                                                                           the reserve , an allocation shall be made pro rata . The
If a Member State has used all of its initial share as                     Member State shall be informed by the Commission
specified in Article 2 ( 2 ), or of that share less any portion            through the same procedure .
 ---pagebreak--- 31 . 12 . 87                              Official Journal of the European Communities                             No L 381 / 13
                             Article 4                               It shall ensure that the drawing which exhausts the reserve
                                                                     does not exceed the balance available, and to this end shall
Additional shares drawn pursuant to Article 3 shall be valid         notify the amount of that balance to the Member State
until 31 December 1988 .                                             making the last drawing.
                                                                                                Article 8
                             Article 5
                                                                     1 . Member States shall take all appropriate measures to
Member States shall , not later than 1 October 1988 , return         ensure that additional drawings of shares pursuant to
to the reserve the unused portion of their initial share             Article 3 are carried out in such a way that imports may be
which, on 15 September 1988 , is in excess of 20 % of the            charged without interruption against their accumulated
initial volume. They may return a greater portion if there           shares of the Community quota .
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
the Commission of the total quantities of the production in          to them .
question imported up to and including 15 September 1988
and charged against the Community quota and of any                   3 . Member States shall charge imports of the product in
portion of their initial shares returned to the reserve.             question against their shares as and when the product is
                                                                     entered with the customs authorities for free circulation .
                             Article 6                               4 . The extent to which a Member State has used up its
                                                                     shares shall be determined on the basis of the imports
Member States may restrict the charging of imports against           charged in accordance with paragraph 3 .
their shares to products for certain intended uses. In that
case the Community provisions on the matter shall be
                                                                                                Article 9
applied for checking that the product has been used for the
stipulated purpose .
                                                                     At the Commission's request, Member States shall inform it
                                                                     of the imports actually charged against their shares.
                             Article 7
                                                                                               Article 10
The Commission shall keep an account of the shares drawn
by the Member States pursuant to Articles 2 and 3 and                The Member States and the Commission shall cooperate
shall, as soon as the information reaches it, inform each            closely to ensure that this Regulation is complied with .
State of the extent to which the reserve has been used up .
It shall , not later than 5 October 1988 , inform the Member                                   Article 11
States of the amount still in reserve, following any return of
shares pursuant to Article 5 .                                        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