CELEX: 51995PC0321
Language: en
Date: 1995-07-06
Title: Proposal for a COUNCIL REGULATION (EC) opening and providing for the administration of Community tariff quotas for certain industrial, fishery and agricultural products and modifying Regulation (EC) 2878/94 opening and providing for the administration of Community tariff quota for certain industrial products (4 series 1995)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                               Brussels, 06.07.1995
                                                               COM(95) 321 final
X*r
                                               Proposal for a
                                    COUNCIL REGULATION (EO
                                    opening and providing for the administration of
                     Community tariff quotas for certain industrial ,fishery and agricultural products
           and modifying Regulation (EC) 2878/94 opening and providing for the administration of Community
                                       tariff quota for certain industrial products.
                                                      (4 series 1995)
.*:;i-3"^.
 ,  •'-?<,
                                     (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
1. 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 1995 tariff quotas for various products.
   Following this examination, which took place during the "Economic Tariff Questions" 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:
   Vinyl acetate                                    10.000 T              at 5,5%
   Ferro-chromium 4-6                               10.000 T              at 0%
   Ferro-silico-chromium                            20.000 T              at 0%
   Waste and scarp of molybdenum                       320 T              at 0%
   Masks                                         1.500.000 pieces         a|.0%
   Eels                                              4.000 T              at0*/o
   Magnetrons                                      500 000 pieces         at 0%
   Dianol 220                                           400 T             at 0%
   Natural tobacco                                    3.000 T             at0%
   Silicon dioxide                                       60 T             at0%
                                            SL
 ---pagebreak---                                                            Proposal for a
                                         COUNCIL REGULATION (EC) No                     .795
                                                                of
                        opening and providing for the admimstration of Community tariff quotas
     for certain industrial andfisheryand agricultural products and modifying Regulation (EC) 2878/94
       opening and providing for the administration of Community tariff quota for certain industrial
                                                   products(4th series 1995)
THE COUNCIL OF THE EUROPEAN UNION,
                                                                      Whereas it is necessary, in particular, to ensure for all
Having regard to the Treaty establishing the European                 Community importers equal uninterrupted access to the said
Community, and in particular Article 28 thereof,                      quotas and to ensure the uninterrupted application of the
                                                                      rates laid down for the quotas to all imports of the products
Having regard to the proposal from the Commission,                    concerned into all Member States until the quotas have been
                                                                       used up;
Whereas production in the community of certain industrial
products will remain in the course of 1995 unable to meet
the specific requirements of the user industries in the               Whereas the decision for the opening of autonomous tariff
Community, whereas, consequently, Community supplies of               quotas should be taken by the Community; whereas, to
products of this type will depend to a considerable extent on         ensure the efficiency of a common administration of these
imports from third countries; whereas the most urgent                 quotas, there is no reasonable obstacle to authorising
Community requirements for the products in question should            Member States to draw from the quota-volumes the
be met immediately on the most favourable terms; whereas              necessary quantities corresponding to actual imports;
Community tariff quotas at zero duty should therefore be
opened within the limits of appropriate volumes for a period          Whereas, however, this method of administration requires
up to 31 December 1995 taking account of the need not to              close cooperation between the Member States and the
disturb the markets for such products nor the starting out or         Commission and the latter must in particular be able to
development of Community production;                                  monitor the rate at which the quotas are used up and inform
                                                                      the Member States accordingly,
Whereas by Regulation (EC)n°2878/941 the Council
opened, for 1995 Community tariff quotas for certain                              HAS ADOPTED THIS REGULATION:
industrial and fishery products, and in particular for
magnetrons (order number 09.2797 and for dianol 220                                              Article 1
(order number 09.2859)
                                                                      1.         From the date of entry into force of the present
                                                                      regulation, to the date specified in the following table, the
Whereas current economic data suggests that the Community             customs duties applicable to imports into the Community of
demand non-Community imports of the products in question              the products listed below shall be suspended at the levels
could in the course of the year exceed the volumes laid down          and within the limits of the Community tariff quotas shown
in the above Regulation, whereas the volume of the quota in           below:
question should therefore be increased;
1
  O.J. n°L 304, 29.11.1994, P I
 ---pagebreak---                            Article 2                                    If a Member State does not use a drawing in full it shall
                                                                        return any unused portion to the corresponding quota volume
The tariff quotas referred to in Article 1 shall be managed by          as soon as possible.
the Commission, which may take any appropriate
administrative measures to ensure that they are managed                 If the quantities requested are greater than the available
efficiently.                                                            balance of the quota volume, the balance shall be allocated
                                                                        among applicants pro rata. The Commission shall inform the
                           Article 3                                    Member States of the drawings made.
Where an importer presents a declaration covered by this                                            Article 4
Regulation for release for free circulation in a Member
State, applying to take advantage of the preferential                   Each Member State shall ensure that importers of the
arrangements, and the entry is accepted by the customs                  products in question have equal and continuous access to the
authorities, the Member State concerned shall, by notifying             quotas for as long as the balance of the relevant quota
the Commission, draw an amount corresponding to its                     volume so permits.
requirements from the appropriate quota volume.
                                                                                                    Article 5
Requests for drawings, indicating the date on which the
entries were accepted, must be sent to the Commission                   The Member States and the Commission shall cooperate
without delay.                                                          closely to ensure that this Regulation is complies with.
Drawing shall be granted by the Commission in                                                       Article 6
chronological order of the dates on which the customs
authorities of the Member States concerned accepted the                 This regulation shall enter into force on the 3rd day
entries for release for free circulation, to extent that the            following its publication in the Official Journal of the
available balance so permits.                                           European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                                  For the Council
                                                                                   The President
 ---pagebreak--- 3. In the Regulation (EC) n° 2878/94 l the table shown in Article 1 is replaced, for the order n° 09.2797 and 09.2859, by the
   following table
         Order                                                                    Amount of          Quota           End of
        number       Of Code                       Description                       quota            duty        quota period
                                                                                                      (%)
         09.2797   ex 85404100   Magnetrons witii a power output of not tone tbaa     1.150 000         0        31.12.1995
                                 p*s I.QOQ watt,forthe manufacture of microwave            pieces
                                 oven(a)
         09.2859   ex 29094990    2^-Isopropyfkiese4»(p-phcnyteneox]rfM&aBol)            Î.O00T         0        31.12.1995
                                 •ofidficm
a) Checks on meir prescribed end ose shaB be carried pufsuant to the rekwaffil Community provisions.
 ---pagebreak---  Order                      TARIC                                                              Amount of         Quota       End of
number         CN Code        code                           Description                          quota          duty     quota period
                                                                                                                  (%
 09.2897     29153200                  Vinyl Acetate                                                10.000 T      5,5       31.12.1995
 09.2899      72024110                 Ferro-chromium containing by weight more than                10.000 T       0        31.12.1995
                                       4% but not more than 6% of carbon
 09.2900      72025000                 Ferro-silico-chromium                                        20.000 T       0        31.12.1995
 09.2911       81029190                Waste and scarp of molybdenum                                   320 T       0        31.12.1995
 09.2912     ex 85409100       •97     Flat masks with a diagonal measurement of 31. 5cm           1.500.000       0        31.12.1995
                                       (± 0,5 cm), 34cm (+ 0,5 cm),or 39cm                             pieces
                                       (±0,5 cm)
             ex 24011049       •10                                                                     1
 09.2913     ex 24011050       •10     Natural, unmanufactured tobacco, whether or not               3.000 T       0        31.12.1995
             ex 24011070       •10     cut in regular size, having a custom value of not
             ex 24011090       •10     less than [450] [500] ECU per 100 kg net weight,
             ex 24012049       *10     for use as binder or wrapper for the manufacture of
             ex 24012050       *10     goods falling under subheading 2402 10 00(a)
             ex 24012070       •10
             ex 24012090       •10
 09.2915     ex38239098        •61     Silicon dioxide having a purity in weight of 99% of              60 T       0       31.12.1995
                                       Si0 2 , on the spherical partiels, dispersed in
                                      monoethylene glycol
a)    Checks on their prescribed end use shall be carried pursuant to the relevant Community provisions.
2.        From the 1st of July 1995 and till the 30 June 1996, 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:
   Order                                                                                         Amount of       Quota         End of
 number         CN Code                                       Description                          quota          duty     quota period
                                                                                                                  (%)
  09.2701     ex 03019200       •10     Eels (Anguilla spp.), live, fresh, chilled or frozen,        4..000 T       0        30.06.1996
              ex 03026600       •10     intended for processing by curing or skinning
              ex 03037600       •10     enterprises or for use in the industrial manufacture
                                        of products falling within CN code 1604 (a)
a)    Checks on their prescribed end use shall be carried pursuant to the relevant Community provisions.
                                                                      G
 ---pagebreak--- FINANCIAL RECORD
1.        Budget line 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 industrial and fishery
          and agricultural products and modifying Regulations (EC) 2878/94 opening and providing
          for the administration of Community tariff quota for certain industrial products..
4.        Objective : To ensure an adequate supply for Community user-industries.
5.        Method of calculation :
             Description          Quantities     Price     Normal rate    Quota duty         Duty loss
                                               Ecus/unit       (%)            (%)             (Ecus)
                                                                                   1
   Vinyl acetate                     10.000 T          997   10,9              5,5                538.380
   Ferro-chromium 4-6                10.000 T          633     7,2              0                  48.576
   Ferro-silico-chromium             20.000 T          650     4,5              0                 585.000
   Waste and scarp of                   320 T       12.197     4                0                 156.122
   molybdenum
   Mask                             1.500.000        19,33    5,2               0               1.507.740
                                        pieces
   Eals                               4.000 T        6.969   2,4                0                 669.024
   Magnetrons                         500.000           24   4,6                0                 552.000
                                        pieces
   Dianol 220                           400 T        4.032    6,4               0               - 103.219
   Natural tobacco                    3.000 T        4.718    16,25             0               2.300.025
   Silicon dioxide                       60T       16.667    7,6                0                  74.000
Total duty loss: 6.534.086 Ecus.
                                                     V
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 321 final
                                              DOCUMENTS
EN                                                                        02 03
                                     Catalogue number : CB-CO-95-350-EN-C
                                                              ISBN 92-77-91244-8
Office for Official Publications of the European Communities
L-2985 Luxembourg