CELEX: 31988R4187
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4187/88 of 16 December 1988 opening and providing for the administration of a Community quota for ferro-chromium containing by weight more than 6 % of carbon

No L 368 / 26                            Official Journal of the European Communities                                  31 . 12 . 88
                                        COUNCIL REGULATION ( EEC) No 4187 / 88
                                                      of 16 December 1988
                 opening and providing for the administration of a Community tariff quota for
                               ferro-chromium containing by weight more than 6 % of carbon
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                           quota should be applied consistently to all imports of the
                                                                    product in question until the quota is exhausted ; whereas it
                                                                    is appropriate not to provide for allocation among Member
                                                                    States, without prejudice to the drawing, on the tariff
Having regard to the Treaty establishing the European               quota , of such quantities as they may need, under
Economic Community, and in particular Article 28                    conditions and according to a procedure to be determined;
thereof,                                                            whereas this method of administration requires close
                                                                    cooperation between the Member States and the
Having regard to the proposal from the Commission,                  Commission and the latter must in particular be able to
                                                                    monitor the rate at which the tariff quota is used and
                                                                    inform the Member States accordingly;
Whereas there is a variable shortfall in Community
production of ferro-chromium containing by weight more              Whereas since the Kingdom of Belgium, the Kingdom of
than 6 % of carbon and producers are thus unable to meet            the Netherlands and the Grand Duchy of Luxembourg are
the total needs of user industries; whereas it is therefore in      united within and jointly represented by the Benelux
the Community's interest to suspend totally the customs             Economic Union, any operation concerning the
duties applicable to that metal for a period ending on              administration of the quota shares levied by that economic
31 December 1989 within the limits of a tariff quota fixed          union may be carried out by any one of its members,
at an appropriate volume; whereas, in order to avoid
disturbing the equilibrium of the market for that ferro-alloy
and to ensure both an outlet for Community production
and sufficient supplies for Community user industries , the         HAS ADOPTED THIS REGULATION :
quota volume should be fixed at a provisional 300 00
tonnes, thus covering immediate needs for imports from
third countries; whereas , moreover, Member States should
be free to make the charging of products against that                                         Article 1
volume subject to certain conditions concerning end use;
                                                                    1 . From 1 January to 31 December 1989 the customs duty
                                                                    applicable to imports of the following product shall be
Whereas equal and continuous access to the quota should             suspended at the level indicated and within the limits of a
be ensured for all importers and the rate laid down for the         Community tariff quota as shown below.
   Order                                                                                    Volume of quota       Rate of duty
                 CN code                                Decription
    No                                                                                          (tonnes)              (% )
09.2711     7202 41 90           Ferro-chromium containing by weight more than 6 % of
                                 carbon                                                        300 000                  0
2. Within the limits of this tariff quota , the Kingdom of          appropriate measure with a view to ensuring the efficient
Spain and the Portuguese Republic shall apply customs               administration thereof.
duties calculated in accordance with the relevant provisions
of the 1985 Act of Accession .
                                                                                              Article 3
3 . Imports of the product in question which benefit from           If an importer presents in a Member State a declaration of
exemption from customs duties under other preferential              entry into free circulation including a request for
tariff arrangements shall not be charged against this tariff        preferential benefit for a product covered by this
quota .
                                                                    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 declaration, 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 / 27
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 qf 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