31986R3742

No L 353 / 10 Official Journal of the European' Communities 13 . 12 . 86

COUNCIL REGULATION ( EEC ) No 3742 / 86

of 28 November 1986

opening, allocating and providing for the administration of a Community tariff quota for ferro-silicon, falling within subheading 73.02 C of the Common Customs Tariff ( 1987)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , - 1983 1984 1985

Benelux 11,12 12,43 8,92 Denmark 0 0 0 Germany 75,99 61,12 65,17 Having regard to the Treaty establishing the European Greece . 0,04 0 0,13 Economic Community , and in particular Article 113 Spain 1,09 9,22 0,87 France 0,30 4,69 0,51 thereof, Ireland 0 0 0 Italy 2,60 3,25 15,92 Portugal 0 0,55 0,19 United Kingdom 8,86 8,74 8,29 Having regard to the proposal from the Commission ,

Whereas , in view of these factors and of market forecasts for ferro-silicon for 1987 , the initial percentage shares in Whereas , as regards ferro-silicon falling within subheading the quota volume can be expressed approximately as 73.02 C , the European Economic Community has follows : undertaken to open an annual duty-free tariff quota of 20 000 tonnes ; whereas this should , however , be reduced Benelux 10,92 to 12 600 tonnes to take account of the traditional imports Denmark 0,01 from EFTA countries which have been free of customs duty Germany 68,75 under the Agreements concluded with those countries , as Greece 0,05 well as obligations entered into in relation to a third Spain 3,40 country which has the right of the previous negotiator for France 1,64 this quota volume; whereas v the quota concerned should Ireland 0,01 therefore be opened on 1 January 1987 and allocated Italy 6,34 among the Member States ; Portugal 0,21 United Kingdom 8,67

Whereas , to take account of future iihport trends for the Whereas equal and continuous access to the quota should product concerned , the quota volume should be divided be ensured for all importers and the rate of duty for the into two instalments , two first being allocated among tariff quota should be applied consistently to all imports Member States and the second held as a reserve to cover until the quota is exhausted ; whereas arrangements for the the subsequent the requirements of Member States which utilization of the Community tariff quota based on an have used up their initial share ; whereas , to give importers allocation among Member States would seem to be some degree of certainty , the first instalment of the tariff consistent with the Community nature of the quota ; quota should be fixed at a high level , which in this case whereas , to correspond as closely as possible to the actual could be approximately 95 % of the volume of the quota ; market trend 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 Whereas initial shares may be used up at different rates ; imports from third countries during a representative whereas to avoid disruption of supplies on this account it should be provided that any Member State which has reference period and to the economic outlook for the quota period in question ; 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 Whereas , during the last three years for which complete valid until the end of the quota period ; whereas this form statistics are available , the corresponding imports into each of administration requires close collaboration between the of the Member Sta'tes represented the following percentages Member States and the Commission , which latter must be of imports of the products in question from third countries in a position to keep account of the extent to which the not benefiting from an equivalent preferential quotas have been used up and to inform the Member arrangement : States accordingly ;

13 . 12 . 86 Official Journal of the European Communities No L 353 / 11

Whereas if, at a given date in the quota period , a administration of the shares allocated to that economic considerable quantity of a Member State's initial share union may be carried out by any one of its members , remains unused , it is essential that that Member State I should return a significant proportion to the reserve , in order to prevent a part of the Community quota remaining HAS ADOPTED THIS REGULATION : unused in one Member State while it could be used in others ; Article 1

Whereas , since the Kingdom of Belguim , the Kingdom of 1 . From 1 January to 31 December 1987 , the Common the Netherlands and the Grand Duchy of Luxembourg are Customs Tariff duty on the following product shall be united within an jointly represented by the Benelux suspended at the level and within the limit of a Community Economic Union , any measure concerning the tariff quota as shown herewith :

CCT Amount of Rate of Order heading Description tariff quota duty No No ( tonnes ) ( % ) ■

09.0019 73.02 C Ferro-silicon 12 600 0

Within the limits of this tariff quota , Spain and Portugal shall forthwith , by notifying the Commission , draw a shall apply duties calculated in accordance with the second share , to the extent that the reserve so permits , relevant provisions in the 1985 Act of Accession . equal to 5 % of its initial share rounded up as necessary to the next whole number . 2 . Imports of the product in question may not be charged against this tariff quota if they are already free of customs 2 . . If a Member State , after exhausting its initial share, has duties under other preferential tariff arrangements . used 90 % or more of the second share drawn by it, that Member State shall forthwith , in the manner and to the extent provided in paragraph 1 , draw a third share equal to Article 2 2,5 % of its initial share rounded up as necessary to the next whole number . 1 . The Community tariff quota referred to in Article 1 shall be divided into two instalments . 3 . If a Member State , after exhausting its second share , has used 90 % or more of the third share drawn by it, that 2 . A first instalment of 12 000 tonnes shall be allocated Member State shall , in the manner and to the extent among the Member States ; the shares , which , subject to provided in paragraph 1 , draw a fourth share equal to the Article 5 , shall be valid from 1 January to 31 December third . 1987 , shall be as follows :

(tonnes) This process shall apply until the reserve is used up . Benelux 1 310 Denmark 1 Germany 8 251 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Greece 6 Member State may draw shares lower than those specified Spain 300 in those paragraphs if there are grounds for believing that France v 197 those specified may not be used in full . Any Member State Ireland 1 applying this paragraph shall inform the Commission of its Italy 761 grounds for so doing. Portugal 25 United Kingdom 1 148 Article 4 3 . The second instalment of 600 tonnes shall constitute the reserve . Additional shares drawn pursuant to Article 3 shall be valid until 31 December 1987 .

Article 3 Article 5 1 . If a Member State has used 90 % or more of its initial share as fixed in Article 2 ( 2 ), or of that share minus any Member States shall , not later than 1 October 1987 , return portion returned to the reserve pursuant to Article 5 , it to the reserve the unused portion of their initial share

No L 353 / 12 Official Journal of the European Communities 13 . 12 . 86

which , on 15 September 1987 , is in excess of 20 % of the Article 8 initial volume. They may return a greater portion if there are grounds for believing that it may not be used in full . 1 . Member States shall take all appropriate measures to ensure that additional shares drawn pursuant, to Article 3 Member States shall , not later than 1 October 1987 , notify are opened in such a way that imports may be charged the Commission of the total quantities of the product in without interruption against their aggregate shares of the question imported up to and including 15 September 1987 , Community quota . and charged against the Community quota and of any portion of their initial shares returned to the reserve . 2 . Member States shall ensure that importers of the product in question have free access to the shares allocated Article 6 to them .

Member States may restrict the charging of imports against 3 . The extent to which the Member States have used up their shares to products for certain intended uses . In that their shares shall be determined on the basis of the imports case the Community provisions on the matter shall be of the product in question entered with the customs applied for checking that the product has been used for the authorities for free circulation . stipulated purpose .

Article7¶

The Commission shall keep an account of the shares At the Commission's request , Member States shall inform it opened by the Member States pursuant to Articles 2 and 3 of imports actually charged against their shares . and shall , as soon as the information reaches it , inform each State of the extent to which the reserve had been used up . Article 10

It shall , not later than 5 October 1987 , inform the Member The Member States and the Commission shall cooperate States of the amount still in reserve , following any return of closely to ensure that this Regulation is complied with . shares pursuant to Article 5 .

It shall ensure that the drawing which exhausts the reserve does not exceed the balance available , and to this end shall Article 11 notify the amount of that balance to the Member State making the last drawing . This Regulation shall enter into . force on 1 January 1987 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 28 November 1986 .

For the Council

The President

A. RUMBOLD