CELEX: 51987PC0691
Language: en
Date: 1987-12-18
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for a certain form of polyvinylpyrrolidone falling within subheading ex 3905 90 00 of the Combined Nomenclature#Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of a Community tariff quota for certain grades of magnesium falling within subheading ex 8104 11 00 of the Combined Nomenclature#(submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 691
Vol. 1987/0315
 ---pagebreak--- Disclaimer
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(87 ) 691 final
                                             Brussels , 18 December 1987
                                   Proposal for a
                              COUNCIL REGULATION ( EEC )
   opening and providing for the administration of a Community tariff quota
      for a certain form of polyvinylpyrrolidone falling within subheading
                    ex 3905 90 00 of the Combined Nomenclature
                                    Proposal for a
                              COUNCIL REGULATION ( EEC )
   opening and providing for the administration of a Community tariff quota
    for certain grades of magnesium falling within subheading ex 8104 11 00
                           of the Combined Nomenclature
                           ( submitted by the Commission )
                                                                  /    ,\
                                                                /       .
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                                                                            v.
                                                                V' " '' v^
 C0M(87 ) 674 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1 . Council Regulations ( EEC) No 1625/87 of 9 June 1987^ and No 1861 /87 of
                  2
     25 June 1987   opened zero-duty Community tariff quotas for the following
     products :
     - extra-pure magnesium falling within subheading ex 77.01 A of the Common
       Customs Tariff ^ and
     - polyvinylpyrrolidone falling within subheading ex 39.02 C XIV a ) of the
       Common Customs Tariff .
2.   Following requests from the United Kingdom and French authorities the
     Commission examined the matter , together with government experts , to
     decide whether these tariff measures should be extended to cover 1988 . The
     examination showed that a solution involving the opening , for the same
     products and under the same conditions , of tariff quotas of 600 and 70
     tonnes respectively could be approved by all the Member States without the
     Community market for the products concerned being disturbed .
That is the purpose of the attached proposals .
1 0J No L 152, 12.6.1987, p . 5 .
   0J No L 176, 1.7.1987 , p . 1 .
 ---pagebreak---                                  Proposai for
                          COUNCIL REGULATION ( EEC ) No
                                 of
 opening and providing for the administration of a Community tariff quota
     for a certain form of polyvinylpyrrolidone falling within subheading
                  ex      90 00 of the Combined Nomenclature
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 proposal from the Commission ,
Whereas production in the Community of polyvinylpyrrolidone intended for use
in the pharmaceutical industry and falling within subheading ex Z90& 90 OQ
of the Combined Nomenclature is currently unable to meet the specific
requirements of the user industries in the Community ; whereas , consequently ,
Community supplies of products of this type currently depend to a considerable
extent on imports from third countries ; whereas the most urgent Community
requirements for the products in 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 from 1
January to 31 December 1988 ; 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 a provisional level of 70 tonnes ; whereas the setting of the quota
volume at this level does not rule out an adjustment during the year ;
Whereas equal and continuous access to the quota should be ensured for all
Community importers and the rate laid down for the quota should be applied
consistently to all imports of the product in question into all the Member
States until the quota is exhausted ;    whereas , however , since the quota is to
cover requirements which cannot be determined with sufficient accuracy , it
should not be allocated among the Member States , without prejudice to the
drawing against the quota volume of such quantities as they may need , under
conditions and according to a procedure to be determined ; whereas this method
of administration requires close cooperation between the Member States and the
Commission and the latter must in particular be able to monitor the rate at
which the quota is used and 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 operation concerning the administration of the
quota shares allocated to that economic union may be carried out by any one of
its members ,
 ---pagebreak---                                          - 2 -
HAS ADOPTED THIS REGULATION :
                                       Article 1
1.   From 1 January to 31 December 1988 the customs duty applicable to imports
     of the following products shall be suspended at the level indicated and
     within the limits of a Community tariff quota as shown below :
   Serial     Combined               Description             Volume of  Rate o
     No    Nomenclature                                         quota     duty
                 No                                          ( tonnes )   (%)
            3905
                            Polymers of vinyl acetate
                           or of other vinyl esters ,
                            in primary forms ;
                           other vinyl polymers in
                           primary forms :
            3905 90 00     - Other :
   09.2731                   -Polyvinylpyrrolidone,
                               presented in powder form ,
                               the particles of which are
                               less than 38 micrometres
                               and which has a solubility
                               in water at 25°C of less
                               than , or equal to , 1.5% by
                               weight and which is
                               intended for the
                               pharmaceutical industry             70       0
     Within the limit of this tariff quota the Kingdom of Spain and the
     Portuguese Republic shall apply customs duties calculated in accordance
     with the relevant provisions of the           Act of Accession of Spain and
     Portugal .
2.   If an importer gives notification of imminent imports of the product in
     question into a Member State and applies to take advantage of the quota ,
     the Member State concerned shall inform the Commission and draw an amount
     corresponding to its requirements to the extent that the available balance
     of the reserve so permits .
3.   The shares drawn pursuant to paragraph 2 shall be valid until the end of
     the quota period .
                                       Article 2
1.   Member States shall take all appropriate measures to ensure that their
     drawings pursuant to Article 1(2 ) enable imports to be charged without
     interruption against their accumulated shares of the Community quota .
2.   Each Member State shall ensure that importers of the product concerned
     have free access to the quota for such time as the residual balance of the
     quota volume so permits .
 ---pagebreak---                                        - 3 -
3.  Member States shall charge imports of the said goods against their
    drawings as and when the goods are entered with the customs authorities
    for free circulation .
4.  The extent to which the quota has been used up shall be determined on the
    basis of the imports charged in accordance with paragraph 3 .
                                    Article 3
At the request of the Commission , Member States shall inform it of imports
actually charged against the quota .
                                     Article 5
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 1988 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at
                                             For the Counci l
                                             The President
 ---pagebreak---                                  Proposai for
                           COUNCIL REGULATION ( EEC ) No
                                 of
 opening and providing for the administration of a Community tariff quota
  for certain grades of magnesium falling within subheading ex 8104 11 00 of
                           the Combined Nomenclature
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 proposal from the Commission,
Whereas production in the Community of certain extra-pure grades of magnesium
intended for use in the nuclear industry and falling within subheading
ex 8104 11 00 of the Combined Nomenclature is currently unable to meet the
specific requirements of the user industries in the Community; whereas ,
consequently, Community supplies of products of this type currently depend on
imports from third countries ; whereas the Community requirements for the
products in 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 1988;
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 600 tonnes ;
Whereas equal and continuous access to the quota should be ensured for all
Community importers and the rates laid down for the quota should be applied
consistently to all imports of the product in question into all the Member
States until the quota is exhausted ; whereas , however , since the quota is to
cover requirements which cannot be determined with sufficient accuracy, it
should not be allocated among the Member States , without prejudice to the
drawing against the quota volume of such quantities as they may need , under
conditions and according to a procedure to be determined ; whereas this method
of administration requires close cooperation between the Member States and the
Commission and the latter must in particular be able to monitor the rate at
which the quota is used and 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 operation concerning the administration of the
quota shares allocated to that economic union may be carried out by any one of
its members ,
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                                          V V T iA *   --
                                        - 2 -
                                      Article 1
1.   From 1 July to 31 December 1988 the customs duty applicable to imports
     of the following products shall be suspended at the level indicated and
     within the limits of a Community tariff quota as shown below :
   Serial    Combined               Description                  Volume of  Rate of
     No    Nomenclature                                             quota     duty
                 No                                              ( tonnes )   (%)
            8104          Magnesium and articles there ¬
                          of , including waste and scrap
                          - Unwrought magnesium :
   09.2741 ex 8104 11 00  – Containing at least 99.8%
                               by weight of 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                             600        0
2.   Within the limit of this tariff quota the Kingdom of Spain and the
     Portuguese Republic shall apply customs duties calculated in accordance
     with the relevant provisions of the 1985 Act of Accession .
3.   The relevant Community provisions shall be applied in order to monitor
     the use of the products for the prescribed specific purpose .
                                      Article 2
1.   If an importer gives notification of imminent imports of the product in
     question into a Member State and applies to take advantage of the quota ,
     the Member State concerned shall inform the Commission and draw an amount
     corresponding to its requirements to the extent that the available balance
     of the reserve so permits .
2.   The shares drawn pursuant to paragraph 1 shall be valid until the end of
     the quota period .
                                      Article 3
1.   Member States shall take all appropriate measures to ensure that their
     drawings pursuant to Article 2(1 ) enable imports to be charged without
     interruption against their accumulated shares of the Community quota .
2.   Each Member State shall ensure that importers of the product concerned
     have free access to the quota for such time as the residual balance of the
     quota volume so permits .
 ---pagebreak---                                                XXI / 1475 / 87 -EN
                               - 2a -
Member States shall charge imports of the said goods against their
drawings as and when the goods are entered with the customs authorities
for free circulation .
 ---pagebreak---                                                         XXI / 1 475 / 87 -EN
                                       - 3 -
4.  The extent to which the quota has been used up shall be determined on the
    basis of the imports charged in accordance with paragraph 3 .
                                    Article 4
At the request of the Commission , Member States shall inform it of imports
actually charged against the quota .
                                    Article 5
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 1988 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at ,
                                             For the Council
                                             The President