CELEX: 31986R3743
Language: en
Date: 1986-11-28 00:00:00
Title: Council Regulation (EEC) No 3743/86 of 28 November 1986 opening, allocating and providing for the administration of a Community tariff quota for ferro-silico-manganese, falling within subheading 73.02 D of the Common Customs Tariff (1987)

13 . 12 . 86                               Official Journal of the European Communities                                No L 353 / 13
                                          COUNCIL REGULATION ( EEC ) No 3743 / 86
                                                        of 28 November 1986
                   opening, allocating and providing for the administration of a Community tariff quota for
                   ferro-silico-manganese, falling within subheading 73.02 D of the Common Customs Tariff
                                                                 1987
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                                                         1983       1984        1985
                                                                      Benelux                            2,52       2,53        5,30
                                                                      Denmark                             0          0          0
                                                                      Germany                           73,83      72,51       66,53
                                                                      Greece                              0         0           0
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113                    Spain                              0          0           0,77
                                                                      France                             2,22       5,45        0,21
thereof,                                                              Ireland                             0       ' 0           0
                                                                      Italy                             15,23      11,17       12,72
                                                                      Portugal                            0         0           0
                                                                      United Kingdom                      6,20       8,34      14,47
Having regard to the proposal from the Commission ,
                                                                      Whereas , in view of the factors and of market forecasts for
                                                                      ferro-silico-manganese for 1987 , the initial percentage
Whereas , as regards ferro-silico-manganese falling within            shares in the quota volume can be expressed approximately
subheading 73.02 D , the European Economic Community                  as follows :
has undertaken to open an annual duty-free Community
tariff quota of 50 000 tonnes ; whereas this should however                   Benelux                                      3,62
be reduced to 18 550 tonnes to take account of the                            Denmark                                      0,01
traditional imports from EFTA countries which have been                       Germany                                    70,50
free of customs duty under the Agreements concluded with                      Greece                                       0,01
those countries ; whereas the tariff quota concerned should                   Spain                                        0,31
therefore be opened on 1 January 1987 and allocated                           France                                       2,45
among the Member States ;                                                     Ireland                                      0,01
                                                                              Italy                                      12,94
                                                                              Portugal                                     0,01
                                                                              United Kingdom                              10,14
Whereas equal and continuous access to the quota should
be ensured for all importers and the rate of duty for the             Whereas , to take account of future trends in imports of the
tariff quota should be applied consistently to all imports            product in question , the quota volume should be divided
until the quota is used up ; whereas , in the light of the            into two instalments , the first being allocated between the
principles outlined above , arrangements for the utilization          Member States and the second forming a reserve intended
of the Community tariff quota based on an allocation                  to cover any subsequent requirements of Member States
 among Member States would seem to be consistent with                 which have used up their initial share ; whereas , in order to
the Community nature of the quota ; whereas , in order that           give importers some degree of certainty , the first instalment
it may correspond as closely as possible to the actual                of the tariff quota should be fixed at a high level , which in
market trends in the product in question , allocation of the          this case should be approximately 95% of the volume of
 quota should be in proportion to the requirements of the             the quota ;                               ;
Member States as calculated by reference to statistical data
on imports from third countries during a representative
reference period and to the economic prospects for the                Whereas initial shares may be used up at different rates ;
 quota period in question ;                                           whereas , to avoid disruption of supplies on this account , it
                                                                      should be provided that any Member State which has
                                                                       almost used up its initial share should draw and additional
                                                                       share from the reserve ; whereas each time , its additional
                                                                       share is almost used up a Member State should draw a
 Whereas , during the last three years for which complete             further share , and so on as many times as the reserve
 statistics are available , the corresponding imports into each        allows ; whereas the initial and additional shares should be
 of the Member States represented the following percentages           valid until the end of the quota period ; whereas this form
 of imports of the product in question from third countries ,          of administration requires close collaboration between the
 not benefiting from an equivalent preferential                        Member States and the Commission , which latter must be «
 arrangement : v                                                       in a position to keep account of the extent to which the
 ---pagebreak---   No L 353 / 14                             Official Journal of the European Communities                                         13 . 12 . 86
 quotas have been used up and to inform the Member States                   Economic     Union ,      any     measure      concerning     the
 accordingly ;                                                              administration of the shares allocated to that economic
                                                                           union may be carried out by any one of its members ,
 Whereas , if at a given date in the quota period a
 considerable quantity of a Member State's initial share
 remains unused , it is essential that that Member State                   HAS ADOPTED THIS REGULATION :
 should return a significant proportion to the reserve , in
 order to avoid a part of the Community quota remaining
 unused in one Member State when it could be used in                                                    Article 1
 others ;
                                                                            1 . From 1 January to 31 December 1987 , the Common
 Whereas , since the Kingdom of Belgium , the Kingdom of                   Customs Tariff duty on the following product shall be
 the Netherlands and the Grand Duchy of Luxembourg are                     suspended at the level and within the limit of a Community
 united within and jointly represented by the Benelux                      tariff quota as shown herewith :
                                                                                               Amount of
                                      CCT                                                                       Rate of duty
                   Order No                                     Description                    tariff quota
                                   heading No                                                                       (% )
                                                                                                 ( tonnes )
                    09.0021         73.02 D      Ferro-silico-manganese                          18 550              0
 Within the limits of this tariff quota , Spain and Portugal               shall forthwith , by notifying the Commission , draw a
 shall apply duties calculated in accordance with the                      second share, t6 the extent that the reserve so permits ,
 relevant provisions in the 1985 Act of Accession .                       equal to 10 % of it initial share rounded up as necessary to
                                                                           the next whole number .
 2. Imports of the product in question may not be charged
 against this tariff quota if they are already free of customs            2 . If a Member State , after exhausting its initial share , has
duties under other preferential tariff arrangements .                     used 90 % or more of the second share drawn by it, that
                                                                          Member State shall forthwith , in the manner and to the
                                                                          extent provided in paragraph 1 , draw a third share equal to
                            Article 2                                     5 % of its initial share rounded up as necessary to the next
                                                                          whole number .
1 . A first instalment of 17 650 tonnes of this Community
tariff quota shall be allocated among the Member States;                  3 . If a Member State , after exhausting its second share ,
the shares , which subject to Article 5 shall be valid from               has used 90,% or more of the third share drawn by it , that
1 January to 31 December 1987 shall be as follows :                       Member State shall , in the manner and to the extent
                                                                          provided in paragraph 1 , draw a fourth share equal to the
                                                                          third .
                                                   ( tonnes)
        Benelux                                         554
        Denmark                                           1               This process shall apply until the reserve is used up .
        Germany                                    12 000
        Greece                                            2               4 . By way of derogation from paragraphs 1 , 2 and 3 , a
        Spain                                            55               Member State may draw shares lower than those specified
        France                                         432                in those paragraphs if there are grounds for believing that
        Ireland                                           1               those specified may not be used in full . Any Member State
        Italy                                        2 704                applying this paragraph shall inform the Commission of its
        Portugal                                          1              grounds for so doing .
        United Kingdom                               1 900
                                                                                                       Article 4
2 . The second instalment of 900 tonnes shall constitute
the reserve .
                                                                         Additional shares drawn pursuant to Article 3 shall be valid
                                                                         until 31 December 1987 .
                            Article 3
                                                                                                       Article 5
1 . If a Member State has used 90 % or more of its initial
share as fixed in Article 2 ( 1 ), or of that share minus any            Member States shall , not later than 1 October 1987 , return
portion returned to the reserve pursuant to Article 5 , it               to the reserve the unused portion of their initial share
 ---pagebreak--- 13 . 12 . 86                                Official Journal of the European Communities                             No L 353 / 15
which , on 15 September 1987 , is in excess of 20 % of the                                       Article 8
initial volume . They may return a greater portion if there
are grounds for believing that it may not be used in full.             1 . Member States shall take all appropriate measures to
                                                                       ensure that additional shares drawn pursuant to Article 3
Member States shall , not later than 1 October 1987 , notify           are opened in such a way that imports may be charged
the Commission of the total quantities of the production in            without interruption against their aggregate shares of the
question imported up to and including 15 September 1987                Community quota .
and charged against the Community quota and of any
portion of their initial shares returned to the reserve .              2 . Member States shall ensure that importers of the
                                                                       product in question have free access to the shares allocated
                                                                       to them ..
                             Article 6
                                                                       3 . Member States shall charge imports of the product in
Member States may restrict the charging of imports against             question against their shares as and when the product is
their shares to products for certain intended uses . In that           entered with the customs authorities for free circulation .
case the Community provisions on the matter shall be
applied for checking that the product has been used for the            4 . The extent to which a Member State has used up its
stipulated purpose .                                                   shares shall be determined on the basis of the imports
                                                                       charged in accordance with paragraph 3 .
                             Article 7
                                                                                                 Article 9
The Commission shall keep an account of the shares
opened by the Member States pursuant to Article 2 and 3                At the Commission's request, Member States shall inform it
and shall , as soon as the information reaches it, inform              of the imports actually charged against their shares.
each State of the extent to which the reserve has been used
up .
                                                                                                Article 10
It shall , not later than 5 October 1987 , inform the Member
States of the amount still in reserve , following any return of        The Member States and the Commission shall cooperate
shares pursuant to Article 5 .                                         closely to ensure that this Regulation is complied with .
It shall ensure that the drawing which exhausts the reserve
                                                                                                Article 1 1
does not exceed the balance available , and to this end shall
notify the amount of that balance to the Member State
making the last drawing.                                               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