CELEX: 31987R4076
Language: en
Date: 1987-12-18 00:00:00
Title: Council Regulation (EEC) No 4076/87 of 18 December 1987 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) (1988)

No L 381 / 14                          Official Journal of the European Communities                                    31 . 12 . 87
                                       COUNCIL REGULATION (EEC) No 4076 / 87
                                                     of 18 December 1987
                  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) ( 1988 )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                         reference period and to the economic outlook for the quota
                                                                   year in question ;
 Having regard to the Treaty establishing the European
 Economic Community and in particular Article 113                  Whereas ferro-chromium of this quite specific quality is not
 thereof,                                                          singled out in the Member States' statistical nomenclatures;
                                                                   whereas their corresponding imports from third countries
                                                                   not already benefiting from an equivalent preferential
                                                                   arrangement could not be detailed in their entirety for the
 Having regard to the proposal from the Commission ,               abovementioned reference period ; whereas , taking into
                                                                   account the likely trend of the market in such
                                                                   ferro-chromium for 1988 and in particular the forecasts
                                                                   made by the Member States , the initial percentage shares of
 Whereas , as regards ferro-chromium containing by weight          the quota volume can be expressed approximately as
 not more than 0,10 % of carbon and more than 30 %                 follows :
 but not more than 90 % of chromium ( super-refined
 ferro-chromium), the European Economic Community has
 undertaken to open an annual duty-free Community tariff                  Benelux                                       5,80
 quota of 3 000 tonnes; whereas this should however, be                   Denmark                                       0,03
 reduced to 2 950 tonnes to take account of the traditional
                                                                          Germany                                      22,03
 imports from EFTA countries which are free of customs                    Greece                                        0,03
 duty under the Agreements concluded with those countries ;               Spain                                        18,33
 whereas the tariff quota concerned should therefore be                   France                                       30,83
 opened on 1 January 1988 and allocated among the                         Ireland                                       0,03
 Member States ;                                                          Italy                                         8,80
                                                                          Portugal                                      0,88
                                                                          United Kingdom                               13,24
Whereas the Community has adopted with effect from
 1 January 1988 , a combined nomenclature for goods which
meets the requirements of both the Common Customs
Tariff and the Nomenclature of Goods for External Trade           Whereas , to take account of future import trends for the
Statistics of the Community and Statistics of Trade               product concerned , the quota should be divided into two
between Member States ; whereas in order to accommodate           parts , the first being allocated among the Member States ,
specific Community rules, this nomenclature has been              and the second held as a reserve to cover subsequently the
expanded into an integrated tariff of the European                requirements of Member States which have exhausted their
Communities ( TARIC ); whereas, with effect from that             initial share; whereas, to give importers some degree of
date , the combined nomenclature and , where appropriate ,        certainty , the first part of the tariff quota should be set at a
the TARIC      code numbers     should   be used    for the       high level , which in this case could be approximately 90 %
description of the products covered by this Regulation ;          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 any break in the continuity of supplies on
until the quota is used up ; whereas arrangements for the         this account it should be provided that any Member State
utilization of the Community tariff quota based on an             which has used up its initial share should draw from the
allocation among Member States would seem to be                   reserve amounts corresponding to its actual requirements ;
consistent with the Community nature of the quota ;               whereas this should be done as many times as the reserve
whereas , to correspond as closely as possible to the actual      allows ; whereas this form of administration requires close
trend of the market in the product in question , allocation       collaboration     between     the   Member     States   and    the
of the quota should be in proportion to the requirements of       Commission , and the latter must be in a position to
the Member States as calculated by reference to statistics of     monitor the extent to which the quotas have been used up
imports from third countries during a representative              and inform the Member States accordingly ;
 ---pagebreak--- 31 . 12 . 87                                  Official Journal of the European Communities                                   No L 381 / 15
Whereas , if at a given date in the quota period a                            administration of the shares allocated to that economic
considerable quantity of a Member State's initial share                       union may be carried out by any one of its members,
remains unused , if is essential that the Member State
concerned should return a significant proportion to the
reserve , in order to prevent a part of the Community quota
remaining unused in one Member State while it could be                       HAS ADOPTED THIS REGULATION :
used in others ;
                                                                                                        Article 1
Whereas, since the Kingdom of Belgium , the Kingdom of                        1 . From 1 January to 31 December 1988 , the customs
the Netherlands and the Grand Duchy of Luxembourg are                        duty applicable to imports of the following product shall be
united within and jointly represented by the Benelux                         suspended at the level indicated and within the limits of a
Economic Union , any measure concerning the                                  Community tariff quota as shown herewith :
                  Combined                                                                                        Quota        Rate of
   Order
                 nomenclature                                    Description                                     volume         duty
    No
                    code                                                                                      ( in tonnes)       (%)
 09.0023       ex 7202 49 10        Ferro-chromium containing not more than 0,10 % by weight of
               ex 7202 49 50        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                  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.
                                                                             If an importer enters a product covered by this Regulation
2 . Imports of the product in question may not be charged                    for free circulation in a Member State, accompanied by a
against this tariff quota if they are already free of customs                request for preferential treatment for the said product, and
duties under other preferential tariff arrangements .                        this request is accepted by the customs authorities, the
                                                                             Member State concerned shall by notifying the Commission
                                                                             draw an amount corresponding to its requirements from
                                                                             the reserve referred to in Article 2 ( 3 ).
                             Article 2
1 . A first part of 2 655 tonnes of this Community tariff                    Requests to draw on the reserve together with the date of
quota shall be allocated among the Member States; the                        acceptance of the customs declarations must be forwarded
shares shall , subject to Article 5 , be valid from 1 January to             to the Commission without delay.
31 December 1988 and shall be as follows :
                                                        (tonnes)             Drawings are granted by the Commission on the basis of
       Benelux                                           154                 the date of acceptance of goods for entry into free
       Denmark                                              1                circulation by the customs authorities of the Member State
       Germany                                           585                 concerned , provided a sufficient amount remains in the
       Greece                                               1                reserve .
       Spain                                             486
       France                                            818
       Ireland                                              1                If a Member State does not use the quantity drawn , it shall
       Italy                                             235                 return it to the reserve as soon as possible .
       Portugal                                            23
       United Kingdom                                    351
                                                                             If requests for drawings exceed the amount remaining in
                                                                             the reserve, an allocation shall be made pro rata . The
2 . The second part of 295 tonnes shall constitute the                       Member State shall be informed by the Commission
reserve .                                                                    through the same procedure.
                             Article 3                                                                 Article 4
1 . If a Member State has used up all of its initial share as                Additional shares drawn pursuant to Article 3 shall be valid
specified in Article 2 ( 2 ), or of that share less any portion              until 31 December 1988 .
 ---pagebreak--- No L 381 / 16                              Official Journal of the European Communities                                 31 . 12 . 87
                             Article 5                                It shall ensure that the drawing which exhausts the reserve
                                                                      does not exceed the balance available , and to this end shall
Member States shall , not later than 1 October 1988 , return          notify the amount of that balance to the Member State
to the reserve the unused portion of their initial share              making the last drawing.
which , on 15 September 1988 , is in excess of 20 % of the
initial volume. They may return a greater portion if there
                                                                                                 Article 8
are grounds for believing that it may not be used in full .
                                                                      1 . Member States shall take all appropriate measures to
Member States shall , not later than 1 October 1988 , notify          ensure that additional drawings of shares pursuant to
the Commission of the total quantities of the product in              Article 3 are carried out in such a way that imports may be
question imported up to and including 15 September 1988 ,             charged without interruption against their accumulated
and charged against the Community quota and of any                    share of the Community quota .
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 . The extent to which the Member States have used up
                                                                      their shares shall be determined on the basis of imports of
Member States may restrict the charging of imports against
their shares to products for certain intended uses. In that           the products in question 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
stipulated purpose .                                                                             Article 9
                                                                      At the Commission's request, Member States shall inform it
                                                                      of the imports actually charged against their shares.
                             Article 7
The Commission shall keep an account of the shares drawn                                        Article 10
by the Member States pursuant to Articles 2 and 3 and
shall , as soon as the information reaches it, inform each            The Member States and the Commission shall cooperate
State of the extent to which the reserve has been used up .           closely to ensure that this Regulation is complied with .
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