CELEX: 51987PC0200
Language: en
Date: 1987-05-08
Title: Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for ferro-phosphorus falling within subheading ex 28.55 A of the Common Customs Tariff#Draft COUNCIL REGULATION (EEC) opening, allocating and providing for the administration of a Community tariff quota for certain polyethylene terephtalate films falling within subheading ex 39.01 C III a) of the Common Customs Tariff#(submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 200
Vol. 1987/0114
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
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2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNSTIES
                                                          COM(87 ) 200 final
                                                         Brussels , 8 May 1987
                                   Draf t
                            COUNCIL REGULATION  ( EEC )
       opening , allocating and providing for the administration of a
        Community tariff quota for ferro-phosphorus falling within
        subheading ex 28.55 A of the Common Customs Tariff
                                      Draft
                            COUNCIL REGULATION  ( EEC )
          opening , allocating and providing for the administration of a
          Community tariff quota for certain polyethylene terephtalate
          films falling within subheading ex 39.01 C III a ) of the
            Common Customs Tariff
                             ( submitted by the Commission )
C0M(87 ) 200 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1 . Council Régulation ( EEC ) Nos 1799 / 86 of 9 June 1986 ( 1 ) and 4018 / 86
     of 16 December 1986 ( 2 ) have opened the following autonomous community
     tariff quotas :
     - for f erro-phosphorus for use in the manufacture of refined phosphoric
        iron or steel : 60 000 tonnes free of duty for the period 1 July 1986
        to 30 June 1987 ;
     - for polyethylene terephtalate films , having a thickness of not less
        than 22 and not more than 25 micrometres for use in the manufacture
        of magnetic cassette tapes : 850 tonnes free of duty for the first
        half of 1987 .
2 . Following the requests submitted by the Federal Republic of Germany ,
     the Commission has examined the advisability of renewing these two
     tariff quotas for the second half of 1987 .    A solution which could meet
     with the unanimous approval of Member States is to provide for duty
     free tariff quotas of 9 500 tonnes for the f erro-phosphorus and 850
     tonnes for polyethylene terephtalate films .
( 1 ) 0J No L 157 , 12.6.1986 , p. 4
( 2 ) 0J No L 375 , 31.12.1986 , p. 7
 ---pagebreak---                                                          Draft
                                      COUNCIL REGULATION (EEC) No
                                                         of
                   opening, allocating and providing for the administration of a Community tariff
                   quota for ferro-phosphorus falling within subheading ex 28.55 A of the Common
                                                         Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 28
thereof,
Having regard to the draft Regulation
from the Commission ,
 whereas the production of ferro-phosphorus containing
 15 % or more by weight of phosphorus, is currently
 insufficient in the Community to meet the requirements
 of the user industries in the Community ; whereas, conse­
 quently, Community supplies of products of this type
 currently depend to a considerable extent on imports
 from third countries ; whereas it is in the Community’s
 interest to suspend totally the Common Customs Tariff
 duty for the products in question , within the Community
 tariff quota , of an appropriate volume ; whereas, in order
 not to call into question the development prospects of
 this production in the Community while ensuring an
 adequate supply to satisfy user industries, it is advisable to
 limit the benefits of the tariff quota to products used for
 the manufacture of refined phosphoric iron or steel , to
 open this quota free of duty for the period 1 July to
31 December 1987 and tc fix the volume
at 9 500 tonnes ;
 Whereas, in particular, equal and continuous access to the
 quota should be ensured for all Community importers
 and the rate of duty for the tariff quota should be applied
 consistently to all imports until the quota is exhausted ;
 whereas, in the light of these principles, arrangements for
 the utilization of the tariff quota based on an allocation
  among Member States would seem to be consistent with
  the Community nature of the quota ; whereas, to corres­
  pond as closely as possible to the actual trend in the
  market in the product in question , allocation of the quota
  should be in proportion to the requirements of the
  Member States as calculated by reference to statistics of
  imports from third countries during a representative
  reference period and to the economic outlook for the
  quota period in question ;
  Whereas, however, since the quota is an autonomous
  Community tariff quota intended to cover import needs
  arising in the Community , the quota volume may be allo­
  cated on the basis of the temporary import needs from
  third countries expressed by each of the Member States ;
  whereas these arrangements for allocation will equally
  ensure the uniform application of the Common Customs
  Tariff ;
  Whereas, to take account of possible import trends for the
  products concerned, the quota volume should be divided
   into two instalments, the first being allocated between
  certain Member States and the second held as a reserve to
 ---pagebreak---                    meet subsequent requirements of Member States which
                  have used up their initial shares, and any requirements
                  which might arise in the other Member States ;
                  Whereas, to give importers of the Member States some
                  degree of certainty, the first instalment of the tariff quota
                  should be fixed at a relatively high level , which in this
                  case could be 7 61)0 tonnes ;
                  Whereas initial shares may be used up at different rates ;
                  whereas, to avoid disruption of supplies on this account, it
                  should be provided that any Member State which has
                  almost used up its initial share should draw an additional
                  share from the reserve ; whereas, each time its additional
                  share is almost used up , a Member State should draw a
                  further share, and so on as many times as the reserve
                  allows ; whereas the initial and additional shares should
                  be valid until the end of the quota period ; whereas this
                   form of administration requires close collaboration
                  between the Member States and the Commission, which
                   latter must be in a position to keep account of the extent
                   to which the quotas have been used up and to inform the
                   Member States accordingly ;
                   Whereas, since the Kingdom of Belgium, the Kingdom of
                   the Netherlands and the Grand Duchy of Luxembourg
                   are united within and jointly represented by the Benelux
                   Economic Union , any measure concerning the adminis­
                   tration of the shares allocated to that economic union
                   may be carried out by any one of its members,
                   H AS ADOPTED TH1S REGULATION :
                                                  Article 1
1 . From 1 July to 31 December 1987 the common customs duty applicable
    on import of the products mentioned below shall be suspended at the
     level and within the limit of the Community tariff quota indicated
     herewith       :
   Order                                                                          Quota    Quota
                         l ,1 . t
                                                            Description          volume     duty
    No                heading No                                                            (% )
                                                                                ( tonnes )
 09.2718        28 . 55                Phosphides , whether or not
                                       chemically defined :
                                      A. of iron ( ferro-phosphorus ),
                                           containing 15 % or more by
                                           weight of phosphorus , for
                                           use in the manufacture of
                                           refined phosphoric iron or
                                           steel                                9 500       0
2.    Within the limits of this tariff quota, Spain and
Portugal shall apply customs duties calculated in accord­
ance with the relevant provisions in the Act of Accession.
3.    Control of the use of the products for the particular
purpose laid down shall be carried out by applying the
relevant Community provisions .
 ---pagebreak---                             Artide 2                                                         Artide J
1.     A first instalment of 7 6U0tonnes of this Commu­            Member States shall, not later than lN°Ve"bf£87, return to
nity tariff quota shall be allocated among certain Member          the reserve the unused portion of their initial share which,
States ; the shares, which shall be valid until 31 Decentoer on 150ctober 1987 is in excess of 20% of the initial
1987, shall be as follows :                                        volume. They may return a greater portion if there are
                                                                   grounds for believing that it may not be used in full.
                                              ( tonnes)                                                     November
           Benelux                             2 135               Member States shall, not later than 1            1987, notify
           Germany                             2 565               the Commission of the total quantities of the product in
                                                                   question imported up to and including 150 ctoberi 987
           Spain                                                   and charged against the Community tariff quotas and of
                                                   17U
           France                                                  any portion of their initial shares returned to the reserve .
                                               1 230
                                                   170
           Portugal                                                                          Artide 6
                                               1 220
           United Kingdom
                                                                   The Commission shall keep an account of the shares
2.     The second instalment of "| 900tonnes> shall consti­        opened by the Member States pursuant to Articles 2 and 3
tute the reserve .                                                 and shall , as soon as the notifications reach it, inform
                                                                   each Member State of the extent to which the reserve has
3.     If an importer notifies an imminent importation of          been used up.
the product in question in a Member State which does                                            November
                                                                   It shall , not later than 5        1987 inform the Member
not participate in the initial allocation and requests the
benefit of the quota, the Member State concerned shall             States of the amount still in reserve, following any return
inform      the Commission      and draw an amount corre­          of shares pursuant to Article 5 .
sponding to these requirements to the extent that the              It shall ensure that the drawing which exhausts the
available balance of the reserve permits this.                     reserve does not exceed the balance available , and to this
                                                                   end shall notffy the amount of that balance to the
                            Artide 3
                                                                   Member State making the last drawing.
1.      If a Member State has used 90 % or more of its                                        Artide 7
initial share as fixed in Article 2 ( 1 ), it shall forthwith , by
notifying the Commission , draw a second share, to the              1.   Member States shall take all appropriate measures to
extent that the reserve so permits, equal to 10 % of its           ensure that additional shares drawn pursuant to Article 3
initial share rounded up as necessary to the next whole            are opened in such a way that imports may be charged
number .                                                           without interruption against their aggregate shares of the
                                                                    Community tariff quota .
 2.      If a Member State, after exhausting its initial share,
                                                                    2.    Member States shall ensure that importers of the
 has used 90 % or more of the second share drawn by it,
 that Member State shall forthwith , in the manner and to           product in question have free access to the shares allotted
                                                                    to them .
 the extent provided in paragraph 1 , draw a third share
 equal to 5 % of its initial share rounded up as necessary          3. Member States shall charge imports of the product
 to the next whole number .
                                                                    in question against their shares as the product is entered
                                                                    with the customs authorities for free circulation .
 3.      If a Member State , after exhausting its second share,
 has used 90 % or more of the third share drawn by it,              4.    The extent to which Member States have used up
 that Member State shall , in the manner and to the extent          their shares shall be determined on the basis of imports
 provided in paragraph 1 , draw a fourth share equal to the         charged against them under the conditions set out in
 third .                                                            paragraph 3 .
 This process shall apply until the reserve is used up.                                       Artide 8
 4.      By way of derogation from paragraphs 1 , 2, and 3 , a      At the Commission’s request, the Member States shall
 Member State may draw shares lower than those specified            inform it of imports actually charged against their shares .
 in those paragraphs if there are grounds for believing that
 those specified may not be used in full . Any Member
 State applying this paragraph shall inform the Commis­                                        Artide 9
  sion of its grounds for so doing.
                                                                    The Member States and the Commission shall cooperate
                                                                    closely to ensure that this Regulation is complied with .
                             Artide 4
                                                                                             Article 10
  Additional shares drawn pursuant to Article 3 shall be
  valid until 31 December 1987 .                                    This Régulation shall enter into force on 1 July 1987
 ---pagebreak---                                           -4 -
This Régulation shall be binding in its entirety and directly applicable in ail Member
States .
Done at
                                                         For tbe Council
                                                           The President
 ---pagebreak---                                                                -5 -
                                                               Draft
                                             COUNCIL REGULATION ( EEC) No
                                                            of
                      opening, allocating and providing for the administration of a Community tariff quota for
                      certain polyethylene terephtalate films falling within subheading ex 39.01 C III a) of the                          '
                                                          Common Customs Tariff
  THE COUNCII . OE THE EUROPEAN COMMUNITIES                                  used up ; whereas , however , since the quota is to cover
                                                                             requirements which cannot be determined with sufficient
   Having regard to the Treaty establishing the European                     accuracy , it seems possible to avoid allocating it among the
   Economic Community , and in particular Article 28                         Member States, without prejudice to the drawing against the
   thereof,                                                  .               quota volume of such quantities as they may need , under
  Having regard to the draft Regulation                                      conditions and according to a procedure to be specified ;
  from the Commission ,                                                      whereas this method of management requires close
   Whereas the production of polyethylene terephtalate film ,                cooperation between the Member States and the
   having a thickness of not less than 22 and not more than 25               Commission and the latter must in particular be able to
   micrometres , in currently insufficient in the Community to               monitor the rate at which the quota is used up and inform the
   meet the requirements of the user industries in the                       Member States thereof;
   Community ; whereas , consequently Community supplies of
   products of this type currently depend to a considerable                  Whereas , since the Kingdom of Belgium , the Kingdom of the
  extent on imports from third countries; whereas it is in the               Netherlands and the Grand Duchy of Luxembourg are united
  Community’s interest to suspend partially the Common                       within and jointly represented by the Benelux Economic
   Customs Tariff duty for the products in question , within the             Union, all transactions concerning the administration of
  Community tariff quota , of an appropriate volume for a                    shares allocated to that economic union may be carried out
   relatively limited period ; whereas, in order not to call into            by any one of its members,
   question the development prospects of this production in the
  Community while ensuring an adequate supply to satisfy user
   industries , it is advisable to limit the benefits of the tariff
                                                                             HAS ADOPTED THIS REGULATION :
  quota to products used for the manufacture of magnetic
  cassette tapes, to open this quota free of duty from 1 July to
31 December 1 987 and to fix the volume at 850 tonnes ;
                                                                                                           Article 1
  Whereas it is necessary , in particular , to ensure to all                                            31 December
  Community importers equal and uninterrupted access to the                  1.     From 1 July to                 . 1987 the common customs
   abovementioned quota and uninterrupted application of the                 duty applicable on import of the products mentioned below
   rates laid down for that quota to all imports of the products             shall be suspended at the level and within the limit of the
  concerned into all. Member States until the quota has been                 Community tariff quota indicated for each :
          Order                 (XT                                                                                 Quota         Quota
                                                                      Description                                  volume          duty
           No                heading No                                                                           ( tonnes )       (% >
      09.2740             ex 39.01 C III a )    Polyethylene tcrephtalate film , having a thickness of not
                                                less than 22 and not more than 25 micrometers for use
                                                in the manufacture of magnetic cassette tapes                        850            0
  Within the limit of this tariff quota , the Kingdom of Spain               inform the Commission and draw an amount corresponding
   and the Portuguese Republic shall apply customs duties                    to these requirements to the extent that the available balance
   calculated in accordance with the relevant provisions laid                of the reserve permits this.
   down by the Act of Accession of Spain and Portugal .
                                                                             3.     The shares drawn pursuant to paragraph 2 shall be
   Control of the use of the products for the particular purpose             valid until the end of the quota period .
   laid down shall be carried out by applying the relevant
   Community provisions .
                                                                                                           Article 2
   2.     If an importer notifies an imminent importation of the
   product in question in a Member State and requests the                    1.     Member States shall take all appropriate measures to
   benefit of the quota , the Member State concerned shall                   ensure that their drawings pursuant to Article 1 ( 2) are
 ---pagebreak---                                                             -6 -
carried out in such a way that imports may be charged                                      Article 3
without interruption against their accumulated shares of the
Community quota .                                                 At the request of the Commission , Member States shall
                                                                  inform it of imports actually charged against the quota .
2.     Each Member State shall ensure that importers of the
said goods have access to the quota so long as the residual
                                                                                           Article 4
balance of the quota volume allows this .
                                                                  The Member States and the Commission shall collaborate
3.     Member States shall charge imports of the said goods       closely in order to ensure that this Regulation is complied
against their drawings as and when the goods are entered for      with .
free circulation .
4.    The extern to which the quota lias been used up shall be                              Article 5
determined on the basis of the imports charged in accordance
with paragraph 3 .                                                This Regulation shall enter into force on 1 July     1987 .
                   This Régulation shall be binding in its entirety and directly applicable in ail Member
                   States .
                   Done at Brussels , 16 December 1986 .
                                                                                             For the Council
                                                                                               The President
 ---pagebreak---                 Fiche d' impact sur la compétitivité et l' onploi
Les projets de règlements ci-annexés concernant la reconduction de
contingents tarifaires pour certains produits en provenance de pays tiers
n' ont pas d' effets prévisibles sur la compétitivité des entreprises , ni sur
l' emploi , ni sur les RIE .