CELEX: 31988R4191
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4191/88 of 16 December 1988 opening 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 chronium (super- refined ferro-chromium) (1989)

No L 368 / 34                              Official Journal of the European Communities                                    31 . 12 . 88
                                          COUNCIL REGULATION (EEC) No 4191 / 88
                                                         of 16 December 1988
                  opening 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) ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 States, without prejudice to the drawing, on the tariff
                                                                          quota , of such quantities as they may need , under
                                                                          conditions and according to a procedure to be determined;
Having regard to the Treaty establishing the European                     whereas this method of administration requires close
Economic Community and in particular Article 113                          cooperation between the Member States and the
thereof,                                                                  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 ;
Having regard to the proposal from the Commission,
                                                                          Whereas, since the Kingdom of Belgium , the Kingdom of
Whereas , as regards ferro-chromium containing by weight                  the Netherlands and the Grand Duchy of Luxembourg are
not more than 0,10 % of carbon and more than 30 % but                     united within and jointly represented by the Benelux
not more than 90 % of chromium ( super-refined                            Economic Union, any measure concerning the
ferro-chromium), the European Economic Community has                      administration of the shares levied by that economic union
undertaken to open an annual duty-free Community tariff                   may be carried out by any one of its members,
quota of 3 000 tonnes; whereas this should however, be
reduced to 2 950 tonnes to take account of the traditional
imports from EFTA countries which are free of customs
duty under the Agreements concluded with those countries;
whereas the tariff quota concerned should therefore be                    HAS ADOPTED THIS REGULATION :
opened on 1 January 1989 ;
Whereas equal and continuous access to the quota should                                            Article 1
be ensured for all Community importers and the rates laid
down for the quota should be applied consistently to all                  1 . From 1 January to 31 December 1989 , the customs
imports of the product in question into all the Member                    duty applicable to imports of the following product shall be
States until the quota is exhausted; whereas it is                        suspended at the level indicated and within the limits of a
appropriate not to provide for allocation among Member                    Community tariff quota as shown herewith :
                                                                                                             Quota         Rate of
   Order
                  CN code                                     Description                                   volume          duty
    No
                                                                                                         ( 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                                        Article 3
shall apply duties calculated in accordance with the
relevant provisions in the 1985 Act of Accession.                         If an importer presents in a Member State a declaration of
                                                                          entry into free circulation including a request for
                                                                          preferential benefit for a product covered by this
2. Imports of the product in question may not be charged
                                                                          Regulation , and if this declaration is accepted by the
against this tariff quota if they are already free of customs             customs authorities, the Member State concerned shall
duties under other preferential tariff arrangements.
                                                                          draw, from the tariff quota , by means of notification to the
                                                                          Commission , a quantity corresponding to these needs .
                           Article 2
The tariff quota referred to in Article 1 shall be
administered by the Commission, which may take any                        The requests for drawing, with the indication of the date of
appropriate measure with a view to ensuring the efficient                 acceptance of the said declarations, must be communicated
administration thereof.                                                   to the Commission without delay.
 ---pagebreak--- 31 . 12 . 88                             Official Journal of the European Communities                            No L 368 / 35
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 Conuncil
                                                                                          The President
                                                                                        G. GENNIMATAS