CELEX: 31988R4188
Language: en
Date: 1988-12-16 00:00:00
Title: Council Regulation (EEC) No 4188/88 of 16 December 1988 opening, and providing for the administration of a Community tariff quota for ferrophosphorus (1989)

No L 368 / 28                             Official Journal of the European Communities                                    31 . 12 . 88
                                         COUNCIL REGULATION (EEC) No 4188 / 88
                                                       of 16 December 1988
                 opening, and providing for the administration of a Community tariff quota for ferro­
                                                        phosphorus ( 1989)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                imports of the products in question into all Member States
                                                                         until the quota is exhausted ; whereas it is appropriate not
                                                                         to provide for allocation among Member States, without
Having regard to the Treaty establishing the European                    prejudice to the drawing, on the tariff quota, of such
Economic Community and in particular Article 28                          quantities as they may need, under conditions and
thereof,                                                                 according to a procedure to be determined ; whereas this
                                                                         method of administration requires close coopertion
Having regard to the proposal from the Commission,                       between the Member States and the Commission and the
                                                                         latter must in particular be able to monitor the rate at
Whereas Community production of ferro-phosphorus                         which the tariff quota is used and inform the Member
containing by weight 15 % or more of phosphorus is                       States accordingly;
currently insufficient to meet the requirements of
Community user industries; whereas, consequently, the                    Whereas since the Kingdom of Belgium , the Kingdom of
Community currently depends to a considerable extent on                  the Netherlands and the Grand Duchy of Luxembourg are
imports from third countries for its supplies of that                    united within and jointly represented by the Benelux
product; whereas it is in the Community's interest to                    Economic Union , any operation concerning the
suspend totally the customs duty on the products in                      administration of the quota shares levied by that economic
question within the limits of a Community tariff quota of                union may be carried out by any one of its members,
an appropriate volume; whereas , in order not to harm the
prospects for increasing production of such goods within
the Community while at the same time making adequate
supplies available to user industries, the tariff quota should           HAS ADOPTED THIS REGULATION :
be limited to 52 000 tonnes of products intended for the
manufacture of refined phosphoric iron or steel and opened
for the period 1 January to 31 December 1989 at zero                                              Article 1
duty;
                                                                         1 . From 1 January to 31 December 1989 the customs duty
Whereas equal and continuous access to the quota should                  applicable to imports of the following product shall be
be ensured for all Community importers and the rates laid                suspended at the level indicated and within the limits of a
down for the quota should be applied consistently to all                 Community tariff quota as shown below:
   Order
                 CN code
                                                                                                     Volume of quota    Rate of duty
                                                             Description
    No                                                                                                   (tonnes)           (% )
 09.2718      ex 7202 99 19      Ferro-phosphorus containing by weight 15 % or more of
                                 phosphorus , intended for the manufacture of refined phosphoric
                                 iron or steel                                                           52 000              0
2. Within the limits of this tariff quota , the Kingdom of               appropriate measure with a view to ensuring the efficient
Spain and the Portuguese Republic shall apply customs                    administration thereof.
duties calculated in accordance with the relevant provisions
of the 1985 Act of Accession .
                                                                                                  Article 3
                                                                         If an importer presents in a Member State a declaration of
3 . Use of the products for the particular purpose laid                  entry into free circulation including a request for
down shall be monitored in accordance with the relevant                  preferential benefit for a product covered by this
Community provisions.                                                    Regulation, and if this declaration is accepted by the
                                                                         customs authorities, the Member State concerned shall
                                                                         draw, from the tariff quota, by means of notification to the
                                                                         Commission , a quantity corresponding to these needs.
                          Article 2
                                                                         The requests for drawing , with the indication of the date of
The tariff quota referred to in Article 1 shall be                       acceptance of the said declaration , must be communicated
administered by the Commission , which may take any                      to the Commission without delay .
 ---pagebreak--- 31 . 12 . 88                            Official Journal of the European Communities                            No L 368 / 29
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 Council
                                                                                         The President
                                                                                       G. GENNIMATAS