CELEX: 51992PC0522
Language: en
Date: 1992-12-10
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for certain agricultural and industrial products (1ste series 1993)

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                      C0MC92) 522 final
                                      Brussels, 10 December 1992
                         Proposal for a
                    COUNCIL REGULATION (EEC)
      opening and providing for the administration of
        Community tariff quotas for certain agricultural
                     and industrial products
                        (1st series 1993)
                  (presented by the Commission)
 ---pagebreak---                                                                        c
                              EXPLANATORY MEMORANDUM
      Subsequent to requests made by various Member States, the Services of
      the Commission have examined, in conjunction with the Government
      experts concerned, the question of opening in 1993 tariff quotas for
      var ious products.
      Following this examination, which took place during the "Economic
      Tariff" group meetings, it has been determined that the opening of
      tariff quotas for the following products could have the agreement of
      the Member States without disturbing the markets for such products:
      Ferro-chromium 6% of carbon                    300 000 T at 0%
      Sweet cherries:                                  2 000 T at 10%
      Fer ro-phosphorus:                               8 000 T at 0%
      Sour cherries:                                   2 000 T at 10%
      Poly-alpha-oléfin:                               4 000 T at 0%
      Boysenberr ies:                                  1 500 T at 12%
      PoI yv i nyIpyr roIi done                          100 T at 0%
      Extra pure magnesium                             1 700 T at 0%
      Extra pure magnesium:                              100 T at 0%
      Flat-rolled products                               300 T at 0%
      Polyvinyl butyral:                               6 500 T at 0%
      Sucrose stéarate:                                   51 T at 0%
      Ferro-chromium 1.5 to 2% of carbon:             15 000 T at 0%
      Montmor iI Ionite:                              10 500 T at 0%
      4-benzylbiphenyl :                                 400 T at 0%
      Manganese:                                       3 500 T at 0%
      Solid extract of wood resin:                       600 T at 0%
      Bromochloromethane:                                330 T at 0%
      1-alkenes:                                       8 000 T at 0%
      3-phenoxybenzaIdehyde:                             300 T at 0%
      3,3-d i met hyI butanone:                          700 T at 0%
      1-chIoro-3,3-dImet hyIbut anone:                   900 T at 0%
      Ferro-niobium:                                   4 000 T at 0%
This is the aim of this proposal
 ---pagebreak---                                                              Proposal for a
                                               COUNCIL REGULATION (EEC) No                         /92
                                                                                                                                  3
                                                              of
                       opening and providing for the administration of Community tariff quotas for certain
                                           agricultural and industrial products ( f i r s t series 1993)
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,
    Having regard to the Treaty establishing the European                 whereas the decision for the opening of autonomous
     Economic Community, and in particular Article 28                       t a r i f f quotas should be taken by the Community;
    thereof,                                                              whereas, to ensure the efficiency of a common adninis-
                                                                           tration of these quotas, there i s no reasonable obstacle
     Having regard to the proposal from the Commission,                    to authorising the Member States to draw from the quota-
                                                                          volumes the necessary quantities corresponding to
    Whereas production in the Community of certain                        actual imports; whereas this method of actoinistration
     agricultural and industrial products will remain in the course
                                                                           requires close cooperation between the Member States and
     of 199 3 unable to meet the specific requirements
     of the user industries in the Community; whereas,                     the Commission and the latter must i n particular be able
    consequently, Community supplies of products of this type              to monitor the rate at which the quotas are used up and
     will depend to a considerable extent on imports from                  inform the Member States accordingly;
     third countries; whereas the most urgent Community
     requirements for the products in question should be met               Whereas, it is appropriate to take the necessary measures to
     immediately on the most favourable terms;                             ensure efficient Community administration of these tariff
                                                                           quotas while offering the Member States the opportunity to
     Whereas Community tariff quotas at reduced or at zero duty            draw from the quota volumes the necessary quantities
     should therefore be opened within the limits of appropriate           corresponding to actual imports; whereas this method of
     volumes for a period up to 30 June             or 31 December         administration requires close cooperation between the
                                                                           Member States and the Commission and the latter must in
     1993 taking account of the need not to disturb the markets
     for such products nor the starting out or development of              particular be able to monitor the rate at which the quotas art-
     Community production;                                                 used up and inform the Member States accordingly;
     Whereas it is necessary, in particular, to ensure for all             Whereas, since the Kingdom of Belgium, the Kingdom of the
     Community importers equal and uninterrupted access to the             Netherlands and the Grand Duchy of Luxembourg are united
     said quotas and to ensure the uninterrupted application of            within and jointly represented by the Benelux Economic
     the rates laid down for the quotas to all imports of the              Union, all transactions concerning the administration of the
     products concerned into all Member States until the quotas            quantities drawn by that economic union may be carried out
     have been used up;                                                    by any one of its members,
                                                                           HAS ADOPTED THIS REGULATION:
                                                                                                       Article 1
                                                                                                    1955
                                                                           1.        From 1 Januaryjuntil the date shown in the table below
                                                                           the customs duties applicable to imports into the Community
                                                                           of the products listed below shall be suspended at the levels
                                                                           and within the limits of the Community tariff quotas shown
                                                                           below:
                CNcode
                                                                                                               " Quota duty      End of
  Order No                                               Description                                Amount of
                   (1)                                                                               rfT ta         (%)       quota period
09.2711         7202 41 90  Ferro-chromium                                                                           0
                            containing by weight                                                                             31. 12. 1993
                            more than 6 % of                                                                   1
                            carbon
09.2713                      Sweet cherries, marinated in alcohol, of a diameter not exceeding
                             19,9 mm, stoned, intended for the manufacture of chocolate
                             produas ('):
             ex 2008 60 19   — With a sugar content exceeding 9% by weight                        1    2 000     10 + AGR
                                                                                                                             31. 12. 1 9 9 3
             ex 2008 60 39   — With a sugar content not exceeding 9 % by weight                                      10
09.2717      ex 7202 99 19   Ferro-phosphorus containing by weight 15% or more of                      8 000          0
                             phosphorus, intended for the manufacture of refined phosphoric                                   31. 12. 93
                             iron or steel (')
 09.2719                     Sour cherries (Prunus cerasus), marinated in alcohol, of a diameter
                             not exceeding 19,9 mm, stoned, intended for the manufacture of
                             chocolate products ('):
              ex 2008 60 19 — with a sugar content exceeding 9 %                                  1     2 000    10 + AGR
                                                                                                                             31 12. 1993
             cx_2008 6039     — with a sugar content not exceeding 9 % by weight                   J                 10
 ---pagebreak---  Order No
               CN code                                       Description
                                                                                                     A    ~~t
                                                                                                     Amount o!
                                                                                                                "" Quota duty
                                                                                                                      (%)
                                                                                                                                  End of     V
                 (1)                                                                                                           quota pcrscd
                                                                                                       -8Sa
    ! 7
09 " ~ "'7 ex 3902 90 00      Synthetic poly-sslpha-olefin having a kinetic viscosity of not less       4 000           0      31.12.1993
                              than 38 x 1 0 - 6 m 2 s ~ 1 (38centistokes)at 100 °Cmeasured using
                              the ASTM D 445 method
09.2729    ex 0811 90 9?      Boysenberries, preserved by freezing, not containing added sugar,          500           12     31. 12. 1993
                              for the processing industry ( a )
09.2731    ex 3905 90 00      Polyvinylpyrrolidone, presented in powder form, the particles of             iCb          0
                              which are less than 38 micrometres and which has a solubility in                                 31. 1 2 . 9 3
                              water at 25 °C of less than, or equal to 1,5 % by weight and which
                              is intended for the pharmaceutical industry (.a)
09.2741    ex 8104 11 00      Unwrought magnesium having a purity of not less than 99,95 % in           1 700          0       31.12.1993
                              the form of ingots, intended for the manufacture of elements used
                              in the nuclear industry^)
09.2744    ex 8104 U 00 'Unwrought magnesium having a purity of not less than 99,95 %                     100 !                31.12.1993
                                                                                                                       0
                            in the form of ingots, for the manufacture of zirconium sponge (')
09 2781    ex 7226 10 91 jFlat-roIled products of silicon-electrical steel, cold-rolled, grain            300     . °          31.12.1993
                           oriented, of a width not exceeding 500 mm, of a thickness of
                           J0.23 mm or less, with a nominal magnetic inversion loss rate of
                           o,8 W/kg or less determined by the Epstein method with a
                                                                                                                  1
                                                                                                                  i
                           current of 50 cycles and one induction of 1,7 tesla
                           i
09.2791     ex 3905 90 00      Polyvinyl butyral in the form of powder, for the production of film       6 500          0
                               for laminated safety glass ( a )                                                                31. 12. 9 3
 09.2799    ex 7202 49 90      Ferro-chromium containing more than 1,5 %, but not more than             15 000          0
                               2 % by weight of carbon and not more than 55 % of chromium                                      31. 12. 93
 09.2809     ex 3802 90 00     Acid-activated montmorillonite for the manufacture of self-copy          10 500          0
                               paper ( a )                                                                                     31. 12. 9 3
 09.2811     ex 2902 90 90     4-Benzylbiphenyl                                                           400           0
                                                                                                                               31. 12. 9 3
 09.2815     ex 3823 90 98     Mixtures of sucrose stearate                                                  51         0      30.6.1993
 09.2821     ex 8111 00 11      Electrolytic manganese of a purity by weight of 99,7 % or more,         3 500            0     31. 12. 1993
                                for the manufacture of non-ferrous alloys (9)
 09.2829     ex 3806 90 00      Solid extract of wood resin, not soluble in aliphatic hydrocarbons       600             0     50.6.19V5
                                having a resin acid content of 30 % or less, a melting point of over
                                100 °C and an acid number lower than 110
 09.2837    ex 2903 40 98       Bromochloromethane                                                       330             0     31.12.1993
           i                                                                                         —
 ---pagebreak---                          CNcode                                                                          Amount of Quota duty       End of
           Order No                                             Description                                quota      (%)        quota period
                            (1)                                                                           quot;
        09.2841      ex 2712 90 90     Blend of 1-alkenes containing by weight 8 0 % or more of           o UUÛ           o     31J2.1993
                                       1-alkenes of a chain-length of 20 or 2 2 carbon atoms           |
        09.2843      ex 2912 49 00     3-Phenoxybenzaldehyde                                                 300          o   ,31.12.1993
         09.2845     ex 2914 19 00     3,3-Dimethylbutanone                                                  703               61m12.1993
        09.2847      ex 2914 70 90     1 -Chloro-3,3-Dimethylbutanone                                        900               31.12.1993
       09.2849          7202 93 0u Ferro-niobiun                                                          4000           0      31.12.1993
( l ) S e e Taric codes in the Annex.
(a)The end-use of this product will be monitored in accordance with the relevant Community provisions.
                                  Article 2
   The tariff quotas referred to in Article 1 shall be managed
   by the Commission, which may take any appropriate
   administrative measures to ensure that they are managed
   efficiently.
                                  Article 3
   Where an importer presents a declaration covered by this
   Regulation for release for free circulation in a Member State,
   applying to take advantage of the preferential arrangements,
   and the entry is accepted by the customs authorities, the
   Member State concerned shall, by notifying the Commission,
   draw an amount corresponding to its requirements from the
    appropriate quota volume.
    Requests for drawings, indicating the date on which the
    entries were accepted, must be sent to the Commission
    without delay.
    Drawings shall be granted by the Commission in
    chronological order of the dates on which the customs
    authorities of the Member States concerned accepted the
   entries for release for free circulation, to the extent that the
    available balance so permits.
    If a Member State does not use a drawing in full it shall return
   any unused portion to the corresponding quota volume as
   soon as possible.
    If the quantities requested are greater than the available
   balance of the quota volume, the balance shall be allocated
   among applicants pro rata. The Commission shall inform the
   Member States of the drawings made.
                                  Article 4
   Each Member State shall ensure that importers of the
  products in question have equal and continuous access to the
  quotas for as long as the balance of the relevant quota volume
  so permits.
 ---pagebreak---                                                                           Article S
                                               The Member States and the Commission shall cooperate
                                               closely to ensure that this Regulation is complied with.
                                                                          Article 6
                                               This Regulation shall enter into force on 1 January 1995
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                                       For the CotnciL
                                                                        The President
 ---pagebreak---              ANNEX                         >
          TARIC codes
Order Nos          CN codes   /TARIC codes
09.2713            2008 60 19 /    10
                   2008 60 39 /    11
                   2008 60 39 /    19
09.2717            7202 99 t9 /    20
09.2719            2008 60 19 /    20
                   2008 60 39
                              /    20
09.2727            3902 90 00
                              /    95
09.2729            0811 90 99
                              /    10
09.2731            3905 90 00
                              /    94
09.2741            8104 11 00
                              /    30
09.2744            8104 11 00
                              /    40
09.2781            7226 10 91
                              /    20
09.2791            3905 90 00
                              /    95
09.2799            7202 49 90
                              /    10
09.2809            3802 90 00
                              /    10
09.2811            2902 90 90
                              /    50
09.2815            3823 90 98
                              /    41
09.2821            8111 00 11
                              /    20
09.2829            3823 90 98
                              /    50
09.2837            2903 40 98
                              /    10
09.2841            2712 90 90
                              /    30
09.2843            2912 49 00
                              /    10
09.2845            2914 19 00
                              /    20
09.2847            2914 70 90
                              /    10
 ---pagebreak--- FINANCIAL RECORD
                                                                          <F
1.      Budget t ine concerned : Chap. 12 Art. 120
2.      Legal basis : Art. 28 of the Treaty
3.      Title of the tariff measure concerned : Proposal for a Council
        Regulation opening and providing for the administration of Community
        tariff quotas for certain agricultural and industrial products (1st
        series 1993).
4.      Object ive : To ensure an adequate supply for Community user-
        industrles.
        Method of calculation
 Descr ipt ion      Quant i-    Pr ice     Norma I  Quota duty     Duty-loss
    of the           t ies    (Ecu/unit)    rate
    products         (T)                   (in %)      (in %)      (in Ecus)
 Ferro-chromium 300     000      1 341       8            0        32 184 000
  6% of carbon
 Sweet cherries       2  000     1 781      32           10           783  640
 Ferro-phosphoru: ; 8    000        223      5            0            89  200
 Sour cherries        2  000     1  779     32           10           782  760
 Poly-alpha-olef«n 4    000      3  417     12.5          0         1 708  500
 Boysenberr ies         500      1  471     18           12            44  130
 PolyvinyIpyrro-         100     3  143     12.5          0            39  287
   Ii done
 Magnesium            1  700     6 840       5.3          0           616 284
 Magnesium              100      6 840       5.3          0            36 252
 Flat-rolled            300      2 143       6            0            38 574
  products
 Polyvinyl            6  500     3 687      12.5          0         2 995 687
  butyral
 Sucrose stearat(         51     8 776       7.6          0            34 015
 Ferro-chromium      15 000      1 285       8            0         1 542 000
  1 .5%
 Mcntmor i Sloni te 10  500         661      5.7          0           395 608
 4-benzyIbiphe-         400     15 342       6.3          0           386 618
  nyl
 Manganese            3 500      1 509       4.5          0           237 667
 Bromochloro-           330      2 604       7.4          0            65 543
  methane
 1-aIkenes            8 000         840      4.4          0           295 680
 Wood resin             600      1 102       4.6          0            30 415
 3-phenoxybenzal-       300     14 437       6.9          0           298 845
  dehyde
 3,3-Dimethylbu~        700      5 549       7.1          0           275 785
  tanone
 1-chloro-3,3-          900      3 360       6.6          0           199 584
  dimethyIbutanoi ie
 Ferro-niobium        4 000      7 000       4.9          0         1 372 000
Compared with quotas opened in 1992, increased loss of 44 7/4 516 ~
40 612 758 - 3 839 316 ecus
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92) 522 final
                                                      DOCUMENTS
EN                                                                         11 02
                                 Catalogue number : CB-CO-92-544-EN-C
                                                             ISBN 92-77-50385-8
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