CELEX: 31988R4192
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4192/88 of 16 December 1988 opening and providing for the administration of a Community tariff quota for certain grades of magnesium

No L 368 / 36                             Official Journal of the European Communities                                    31 . 12 . 88
                                         COUNCIL REGULATION (EEC) No 4192 / 88
                                                        of 16 December 1988
                 opening and providing for the administration of a Community tariff quota for certain grades
                                                             of magnesium
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 States 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
                                                                          Commission and the latter must in particular be able to
Having regard to the proposal from the Commission ,                       monitor the rate at which the tariff quota is used and
                                                                          inform the Member States accordingly ;
Whereas production in the Community of certain
extra-pure grades of magnesium intended for use in
the nuclear industry and falling within CN subheading                     Whereas, since the Kingdom of Belgium, the Kingdom of
ex 8104 11 00 is currently unable to meet the specific                    the Netherlands and the Grand Duchy of Luxembourg are
requirements of the user industries in the Community;                     united within and jointly represented by the Benelux
whereas, consequently, Community supplies of products of                  Economic Union , any operation concerning the
this type currently depend on imports from third countries;               administration of the quota shares levied by that economic
whereas the Community requirements for the product in                     union may be carried ou by any one of its members,
question should be met immediately on the most
favourable terms ; whereas a zero-duty Community tariff
should therefore be opened within the limit of an
appropriate volume for a period expiring on 31 December                   HAS ADOPTED THIS REGULATION :
1989 ; whereas, in order not to upset the balance of the
market for this product, the volume of the Community
tariff quota should be set at 320 tonnes;                                                          Article 1
Whereas equal and continuous access to the quota should                   1 . From 1 January to 31 December 1989 the customs duty
be ensured for all Community importers and the rates laid                 applicable to imports of the following product shall be
down for the quota should be applied consistently to all                  suspended at the level indicated and within the limits of a
imports of the product in question into all the Member                    Community tariff quota as shown below:
   Order                                                                                              Volume of quota   Rate o£ duty
                 CN code                                      Description
    No                                                                                                    (tonnes)          (% )
 09.2741      ex 8104 11 00     Unwrought magnesium having a purity of not less than 99,95 %
                                in the form of billets containing by weight not more than 0,015 %
                                of iron , not more than 0,002 % of nickel , not more than 0,005 %
                                of lead and not more than 0,006 % of manganese , for use in the
                                manufacture of raspings for the nuclear fuel industry                       320              0
2. Within the limit of this tariff quota, the Kingdom of                                           Article 2
Spain and the Portuguese Republic shall apply customs
duties calculated in accordance with the relevant provisions              The tariff quota referred to in Article 1 shall be
of the 1985 Act of Accession .                                            administered by the Commission, which may take any
                                                                          appropriate measure with a view to ensuring the efficient
                                                                          administration thereof.
3 . The relevant Community provisions shall be applied in
order to monitor the use of the product for the prescribed                                         Article 3
specific purpose.                                                         If an importer presents in a Member State a declaration of
                                                                          entry into free circulation including a request for
 ---pagebreak--- 31 . 12 . 88                            Official Journal of the European Communities                             No L 368 / 37
preferential benefit for a product covered by this                 2. Each Member State shall ensure that importers of the
Regulation , and if this declaration is accepted by the            product concerned have free access to the quota for such
customs authorities, the Member State concerned shall              times as the balance of the tariff quota so permits.
draw, from the tariff quota , by means of notification to the
Commission , a quantity corresponding to these needs.
                                                                   3 . Member States shall charge imports of the said product
The requests for drawing, with the indication of the date of       against their drawings as and when the goods are entered
                                                                   with the customs authorities under cover of declarations of
acceptance of the said declarations , must be communicated
to the Commission without delay.                                   entry into free circulation.
The drawings are granted by the Commission on the basis            4 . The extent to which the quota has been used up shall
of the date of acceptance of the declaration of entry into         be determined on the basis of the imports charged in
free circulation by the customs authorities of the Member          accordance with paragraph 3 .
State concerned, to the extent that the available balance so
permits.
                                                                                             Article 5
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the tariff quota .
                                                                   At the request of the Commission , Member States shall
                                                                   inform it of imports actually charged against the quota .
If the quantities requested are greater than the available
balance of the tariff quota , allocation shall be made on a
pro rata basis with respect to the requests . Member States
shall be informed by the Commission in accordance with                                       Article 6
the same procedures .
                                                                   The Member States and the Commission shall cooperate
                                                                   closely to ensure that this Regulation is complied with.
                          Article 4
1 . Member States shall take all appropriate measures to
ensure that their drawings pursuant to Article 3 enable                                      Article 7
imports to be charged without interruption against their
accumulated shares of the Community quota .                        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