CELEX: 31988R4189
Language: en
Date: 1988-12-16
Title: Council Regulation (EEC) No 4189/88 of 16 December 1988 opening and providing for the administration of a Community tariff quota for ferro-silicon (1989)

No L 368 / 30                              Official Journal of the European Communities                                  31 . 12 . 88
                                           COUNCIL REGULATION ( EEC ) No 4189 / 88
                                                          of 16 December 1988
                    opening and providing for the administration of a Community tariff quota for ferro-silicon
                                                                   1989
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                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
  Whereas, as regards ferro-silicon, the European Economic                 the Netherlands and the Grand Duchy of Luxembourg are
  Community has undertaken to open an annual duty-free                     united within and jointly represented by the Benelux
  Community tariff quota of 20 000 tonnes; whereas this                    Economic Union , any measure concerning the
  should, however, be reduced to 12 600 tonnes to take                     administration of the shares levied by that economic union
  account of the traditional imports from EFTA countries                   may be carried out by any one of its members,
  which are free of customs duty under the Agreements
  concluded with those countries, and also the obligations
  entered into in relation to a third country which has the
  right of the previous negotiator for this quota volume ;
  whereas the quota concerned should therefore be opened                   HAS ADOPTED THIS REGULATION :
  on 1 January 1989 ;
  Whereas equal and continuous access to the quota should
  be ensured for all Community importers and the rates laid                                         Article 1
  down for the quota should be applied consistently to all
  imports of the product in question into all the Member                   1 . From 1 January to 31 December 1989 , the customs
  States until the quota is exhausted; whereas it is                       duty applicable to imports of the following product shall be
  appropriate not to provide for allocation among Member                   suspended at the level indicated and within the limits of a
  States, without prejudice to the drawing, on the tariff                  Community tariff quota as shown herewith :
                                                                                                             Quota         Rate of
     Order
      No
                    CN code                                    Description                                  volume           duty
                                                                                                           ( tonnes )        (% )
    09.0019       7202 21 10        Ferro-silicon                                                          12 600             0
\                 7202 21 90                                                                          IIII
                  7202 29 00
                                                                                                      \                l
  Within the limits of this tariff quota , Spain and Portugal              appropriate measure with a view to ensuring the efficient
  shall apply duties calculated in accordance with the                     administration thereof.
  relevant provisions in the 1985 Act of Accession .
                                                                                                    Article 3
  2 . Imports of the product in question may not be charged                If an importer presents in a Member State a declaration of
  against this tariff quota if they are already free of customs            entry into free circulation including a request for
  duties under other preferential tariff arrangements .                    preferential benefit for a product covered by this
                                                                           Regulation , and if this declaration is accepted by the
                                                                           customs authorities, the Member State concerned shall
                                                                           draw, from the tariff quota, by means of notification to the
                                                                           Commission, a quantity corresponding to these needs.
                             Article 2
                                                                           The requests for drawing, with the indication of the date of
  The tariff quota referred to in Article 1 shall be                       acceptance of the said declarations, must be communicated
  administered by the Commission, which may take any                       to the Commission without delay .
 ---pagebreak--- 31 . 12 . 88                            Official Journal of the European Communities                            No L 368 / 31
The drawings are granted by the Commission on the basis            3 . Member States shall charge imports of the said product
of the date of acceptance of the declaration of entry into         against their drawings as and when the goods are entered
free circulation by the customs authorities of the Member          with the customs authorities under cover of declarations of
State concerned, to the extent that the available balance so       entry into free circulation .
permits.
                                                                   4. The extent to which the quota has been used up shall
If a Member State does not use the quantities drawn, it            be determined on the basis of the imports charged in
shall return them as soon as possible to the tariff quota .        accordance with paragraph 3 .
If the quantities requested are greater than the available
balance of the tariff quota , allocation shall be made on a                                  Article 5
pro rata basis with respect to the requests. Member States
shall be informed by the Commission in accordance with             At the request of the Commission* Member States shall
the same procedures.                                               inform it of imports actually charged against the quota .
                           Article 4
                                                                                             Article 6
1 . Member States shall take all appropriate measures to
ensure that their drawings pursuant to Article 3 enable            The Member States and the Commission shall cooperate
imports to be charged without interruption against their           closely to ensure that this Regulation is complied with .
accumulated shares of the Community quota .
2. Each Member State shall ensure that importers of the                                      Article 7
product concerned have free access to the quota for such
times as the balance of the tariff quota so permits.               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