31986R4020

31 . 12 . 86 No L 375 / 11 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 4020 / 86

of 16 December 1986 opening, allocating and providing for the administration of a Community tariff quota for certain magnesium grades falling within subheading ex 77.01 A of the Common Customs Tariff

THE COUNCIL OF THE EUROPEAN COMMUNITIES , containing by weight not more than 0,015% of iron , not more than 0,002% of nickel , not more than 0,005% of Having regard to the Treaty establishing the European lead and not more than 0,006 % of manganese , falling within Economic Community , and in particular Article 28 subheading ex 77.01 A of the Common Customs Tariff, for thereof, use in the manufacture of raspings for the nuclear fuel industry shall be totally suspended within the limit of a Whereas production in the Community of certain extra pure Community tariff quota of 300 tonnes . grades of magnesium intended for use in the nuclear industry falling within subheading ex 77.01 A of the Common 2 . Within the limit of this tariff quota , Spain and Portugal Customs Tariff is currently unable to meet the specific shall apply customs duties calculated in accordance with the requirements of the user industries in the Community ; relevant provisions laid down by the Act of Accession . whereas , consequently , Community supplies of products of this type currently depend on imports from third countries ; 3 . Control of the use of the products for their specifically whereas the Community requirements for the product in determined purpose shall be carried out pursuant to the question should be met immediately on the most favourable relevant Community provisions . terms ; whereas a nil duty Community tariff quota should therefore be opened within the limits of an appropriate amount and for a period until 31 July 1987 ; whereas , in Article 2 order not to jeopardize the balance of the market for this product , the volume of the Community tariff quota should be 1 . If an importer notifies an imminent importation of the fixed at 300 tonnes ; product in question in a Member State and requests the benefit of the quota , the Member State concerned shall Whereas it is necessary , in particular , to ensure to all inform the Commission and draw an amount corresponding Community importers equal and uninterrupted access to the to these requirements to the extent that the available balance abovementioned quota and uninterrupted application of the of the reserve permits this . rates laid down for that quota to all imports of the products concerned into all Member States until the quota has been 2 . The shares drawn pursuant to paragraph 1 shall be used up ; whereas , however , since the quota is to cover valid until the end of the quota period . requirements which cannot be determined with sufficient accuracy , it seems possible to avoid allocating it among the Member States , without prejudice to the drawing against the Article 3 quota volume of such quantities as they may need , under conditions and according to a procedure to be specified ; 1 . Member States shall take all appropriate measures to whereas this method of management requires close ensure that their drawings pursuant to Article 2 ( 1 ) are cooperation between the Member States and the carried out in such a way that imports may be charged Commission and the latter must in particular be able to without interruption against their accumulated shares of the monitor the rate at which the quota is used up and inform the Community quota . Member States thereof; 2 . Each Member State shall ensure that importers of the Whereas , since the Kingdom of Belgium , the Kingdom of the said goods have access to the quota so long as the residual Netherlands and the Grand Duchy of Luxembourg are united balance of the quota volume allows this . within and jointly represented by the Benelux Economic Union , all transactions concerning the administration of 3 . Member States shall charge imports of the said goods shares allocated to that economic union may be carried out against their drawings as and when the goods are entered for by any one of its members , free circulation .

4 . The extent to which the quota has been used up shall be HAS ADOPTED THIS REGULATION : determined on the basis of the imports charged in accordance with paragraph 3 .

Article 1 Article 4 1 . From 1 January to 31 July 1987 , the Common Customs Tariff duty for unwrought magnesium having a At the request of the Commission , Member States shall purity of not less than 99,95% in the form of billets inform it of imports actually charged against the quota .

No L 375 / 12 Official Journal of the European Communities 31 . 12 . 86

Article5¶

The Member States and the Commission shall collaborate This Regulation shall enter into force on 1 January 1987 . closely in order to ensure that this Regulation is complied with .

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

Done at Brussels , 16 . December 1986 .

For the Council The President G. HOWE