31986R3743

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

COUNCIL REGULATION ( EEC ) No 3743 / 86

of 28 November 1986

opening, allocating and providing for the administration of a Community tariff quota for ferro-silico-manganese, falling within subheading 73.02 D of the Common Customs Tariff 1987

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 1983 1984 1985

Benelux 2,52 2,53 5,30 Denmark 0 0 0 Germany 73,83 72,51 66,53 Greece 0 0 0 Having regard to the Treaty establishing the European Spain 0 0 0,77 Economic Community , and in particular Article 113 France 2,22 5,45 0,21 thereof, Ireland 0 ' 0 0 Italy 15,23 11,17 12,72 Portugal 0 0 0 United Kingdom 6,20 8,34 14,47 Having regard to the proposal from the Commission ,

Whereas , in view of the factors and of market forecasts for ferro-silico-manganese for 1987 , the initial percentage Whereas , as regards ferro-silico-manganese falling within shares in the quota volume can be expressed approximately as follows : subheading 73.02 D , the European Economic Community has undertaken to open an annual duty-free Community tariff quota of 50 000 tonnes ; whereas this should however Benelux 3,62 be reduced to 18 550 tonnes to take account of the Denmark 0,01 traditional imports from EFTA countries which have been Germany 70,50 free of customs duty under the Agreements concluded with Greece 0,01 those countries ; whereas the tariff quota concerned should Spain 0,31 therefore be opened on 1 January 1987 and allocated France 2,45 among the Member States ; Ireland 0,01 Italy 12,94 Portugal 0,01 United Kingdom 10,14 Whereas equal and continuous access to the quota should be ensured for all importers and the rate of duty for the Whereas , to take account of future trends in imports of the tariff quota should be applied consistently to all imports product in question , the quota volume should be divided until the quota is used up ; whereas , in the light of the into two instalments , the first being allocated between the principles outlined above , arrangements for the utilization Member States and the second forming a reserve intended of the Community tariff quota based on an allocation to cover any subsequent requirements of Member States among Member States would seem to be consistent with which have used up their initial share ; whereas , in order to the Community nature of the quota ; whereas , in order that give importers some degree of certainty , the first instalment it may correspond as closely as possible to the actual of the tariff quota should be fixed at a high level , which in market trends in the product in question , allocation of the this case should be approximately 95% of the volume of quota should be in proportion to the requirements of the the quota ; ; Member States as calculated by reference to statistical data on imports from third countries during a representative Whereas initial shares may be used up at different rates ; reference period and to the economic prospects for the whereas , to avoid disruption of supplies on this account , it quota period in question ; should be provided that any Member State which has almost used up its initial share should draw and additional share from the reserve ; whereas each time , its additional share is almost used up a Member State should draw a Whereas , during the last three years for which complete further share , and so on as many times as the reserve statistics are available , the corresponding imports into each allows ; whereas the initial and additional shares should be of the Member States represented the following percentages valid until the end of the quota period ; whereas this form of imports of the product in question from third countries , of administration requires close collaboration between the not benefiting from an equivalent preferential Member States and the Commission , which latter must be « arrangement : v in a position to keep account of the extent to which the

No L 353 / 14 Official Journal of the European Communities 13 . 12 . 86

quotas have been used up and to inform the Member States Economic Union , any measure concerning the accordingly ; administration of the shares allocated to that economic union may be carried out by any one of its members , Whereas , if at a given date in the quota period a considerable quantity of a Member State's initial share remains unused , it is essential that that Member State HAS ADOPTED THIS REGULATION : should return a significant proportion to the reserve , in order to avoid a part of the Community quota remaining unused in one Member State when it could be used in Article 1 others ; 1 . From 1 January to 31 December 1987 , the Common Whereas , since the Kingdom of Belgium , the Kingdom of Customs Tariff duty on the following product shall be the Netherlands and the Grand Duchy of Luxembourg are suspended at the level and within the limit of a Community united within and jointly represented by the Benelux tariff quota as shown herewith :

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

09.0021 73.02 D Ferro-silico-manganese 18 550 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, t6 the extent that the reserve so permits , relevant provisions in the 1985 Act of Accession . equal to 10 % of it 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 5 % of its initial share rounded up as necessary to the next whole number . 1 . A first instalment of 17 650 tonnes of this Community tariff quota shall be allocated among the Member States ; 3 . If a Member State , after exhausting its second share , the shares , which subject to Article 5 shall be valid from has used 90,% or more of the third share drawn by it , that 1 January to 31 December 1987 shall be as follows : Member State shall , in the manner and to the extent provided in paragraph 1 , draw a fourth share equal to the third . ( tonnes) Benelux 554 Denmark 1 This process shall apply until the reserve is used up . Germany 12 000 Greece 2 4 . By way of derogation from paragraphs 1 , 2 and 3 , a Spain 55 Member State may draw shares lower than those specified France 432 in those paragraphs if there are grounds for believing that Ireland 1 those specified may not be used in full . Any Member State Italy 2 704 applying this paragraph shall inform the Commission of its Portugal 1 grounds for so doing . United Kingdom 1 900

Article 4 2 . The second instalment of 900 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 ( 1 ), 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

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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 production 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 to them .. Article 6 3 . Member States shall charge imports of the product in Member States may restrict the charging of imports against question against their shares as and when the product is their shares to products for certain intended uses . In that entered with the customs authorities for free circulation . case the Community provisions on the matter shall be applied for checking that the product has been used for the 4 . The extent to which a Member State has used up its stipulated purpose . shares shall be determined on the basis of the imports charged in accordance with paragraph 3 .

Article 7 Article 9 The Commission shall keep an account of the shares opened by the Member States pursuant to Article 2 and 3 At the Commission's request, Member States shall inform it and shall , as soon as the information reaches it , inform of the imports actually charged against their shares. each State of the extent to which the reserve has been used up . Article 10 It shall , not later than 5 October 1987 , inform the Member States of the amount still in reserve , following any return of The Member States and the Commission shall cooperate shares pursuant to Article 5 . closely to ensure that this Regulation is complied with .

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

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