31987R4074

No L 381 / 8 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4074 / 87

of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for ferro-silicon, falling within codes 7202 21 10, 7202 21 90 and 7202 29 00 of the combined nomenclature ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , during the last three years for which complete statistics are available , the corresponding imports into each of the Member States represented the following percentages of imports of the products in question from third countries not benefiting from an equivalent preferential Having regard to the Treaty establishing the European arrangement . Economic Community , and in particular Article 113 thereof,

Member States 1984 1985 1986

Having regard to the proposal from the Commission , Benelux 12,43 8,92 23,57 Denmark 0 0 0 Germany 61,12 65,17 64,36 Greece 0 0,13 0,84 Whereas, as regards ferro-silicon , the European Economic Spain 9,22 0,87 2,25 Community has undertaken to open an annual duty-free France 4,69 0,51 0,41 Community tariff quota of 20 000 tonnes ; whereas this Ireland 0 0 0 should , however , be reduced to 12 600 tonnes to take 3,25 15,92 1,15 Italy account of the traditional imports from EFTA countries Portugal 0,55 0,19 0,12 which are free of customs duty under the Agreements United Kingdom 8,74 8,29 7,31 concluded with those countries , and also the obligations entered into in relation to a third country which has the right of the previous negotiator for this quota volume ; whereas the quota concerned should therefore be opened Whereas ,, in view of these factors and of market forecasts on 1 January 1988 and allocated among the Member for ferro-silicon for 1988 , the initial percentage shares of States ; the quota volume can be expressed approximately as follows :

Benelux 17,11 Whereas the Community has adopted , with effect from Denmark 0,01 1 January 1988 , a combined nomenclature for goods which Germany 63,69 meets the requirements of both the Common Customs Greece 0,45 Tariff and the Nomenclature of Goods for External Trade Spain 3,75 Statistics of the Community and Statistics of Trade France 1,56 between Member States ; whereas in order to accommodate Ireland 0,01 specific Community rules , this Nomenclature has been Italy 5,25 expanded into an integrated tariff of the European Portugal 0,25 Communities (TARIC ); whereas , with effect from that United Kingdom 7,92 date , the combined nomenclature and , where appropriate, the TARIC code numbers should be used for the description of the products covered by this Regulation; Whereas , to take account of future import trends for the product concerned , the quota volume should be divided into two parts , the first being allocated among Member Whereas equal and continuous access to the quota should States and the second held as a reserve to cover the be ensured for all importers and the rate of duty for the subsequent requirements of Member States which have tariff quota should be applied consistently to all imports used up their initial share ; whereas , to give importers some until the quota is used up ; whereas arrangements for the degree of certainty , the first parts of the tariff quota should utilization of the Community tariff quota based on an be set at a high level , which in this case could be allocation among Member States would seem to be approximately 90 % of the volume of the quota ; consistent with the Community nature of the quota ; whereas , to correspond as closely as possible to the actual market trend in the product in question , allocation of the Whereas initial shares may be used up at different rates; quota should be in proportion to the requirements of the whereas to avoid any break in the continuity of supplies on Member States as calculated by reference to statistics of this account, it should be provided that any Member State imports from third countries during a representative which has used up its initial share should draw from the reference period and to the economic outlook for the quota reserve amounts corresponding to its actual requirements ; year in question ; whereas this should be done as many times as the reserve

31 . 12 . 87 Official Journal of the European Communities No L 381 / 9

allows ; whereas this form of administration requires close united within and jointly represented by the Benelux collaboration between the Member States and the Economic Union , any measure concerning the Commission , and the latter must be in a position to administration of the shares allocated to that economic monitor the extent to which the quotas have been used up union may be carried out by any one of its members , and to inform the Member States accordingly ;

Whereas if, at a given date in the quota period , a considerable quantity of a Member State's initial share HAS ADOPTED THIS REGULATION : remains unused , it is essential that the Member State concerned should return a significant proportion to the reserve , in order to prevent a part of the Community quota remaining unused in one Member State while it could be Article 1 used in others ; 1 . From 1 January to 31 December 1988 , the customs duty applicable to imports of the following product shall be Whereas , since the Kingdom of Belgium , the Kingdom of suspended at the level indicated and within the limits of a the Netherlands and the Grand Duchy of Luxembourg are Community tariff quota as shown herewith :

Combined Quota Rate of Order nomenclature Description volume duty No code ( tonnes ) ( % )

09.0019 7202 21 10 Ferro-silicon 12 600 0 7202 21 90 7202 29 00

Within the limits of this tariff quota , Spain and Portugal Article 3 shall apply duties calculated in accordance with the relevant provisions in the 1985 Act of Accession . If a Member State has used all of its initial share as specified in Article 2 ( 2 ), or of that share less any portion returned to the reserve pursuant to Article 5 , the following 2 . Imports of the product in question may not be charged provisions shall apply. against this tariff quota if they are already free of customs duties under other preferential tariff arrangements . If an importer enters a product covered by this Regulation for free circulation in a Member State, accompanied by a Article 2 request for preferential treatment for the said product, and this request is accepted by the customs authorities , the 1 . The Community tariff quota referred to in Article 1 Member State concerned shall by notifying the shall be divided into two parts . Commission , draw an amount corresponding to its requirements from the reserve referred to in Article 2 ( 3 ).

2 . A first part of the quota of 11 340 tonnes shall be allocated among the Member States ; the shares shall , Requests to draw on the reserve together with the date of subject to Article 5 , be valid from 1 January to acceptance of the customs declarations must be forwarded 31 December 1988 and shall be as follows : to the Commission without delay.

(tonnes) Benelux 1 941 Denmark 1 Drawings shall be granted by the Commission on the basis 7 223 of the date of acceptance of goods for entry into free Germany circulation by the customs authorities of the Member State Greece 176 concerned , provided a sufficient amount remains in the Spain 300 reserve . France 177 Ireland 1 Italy 595 28 If a Member State does not use the quantity drawn , it shall Portugal 898 return it to the reserve as soon as possible. United Kingdom

3 . The second part of 1 260 tonnes shall constitute the If reiquests for drawings exceed the amount remaining in reserve . the reserve, an allocation shall be made pro rata . The

31 . 12 . 87 No L 381 / 10 Official Journal of the European Communities

Member State shall be informed by the Commission It shall , not later than 5 October 1988 , inform the Member through the same procedure . States of the amount still in reserve, following any return of shares pursuant to Article 5 .

It shall ensure that the drawing which exhausts the reserve Article 4 does not exceed the balance available , and to this end shall notify the amount of that balance to the Member State Additional shares drawn pursuant to Article 3 shall be valid making the last drawing. until 31 December 1988 .

Article 8 Article 5 1 . Member States shall take all appropriate measures to ensure that additional drawings of shares pursuant to Member States shall , not later than 1 October 1988 , return Article 3 are carried out in such a way that imports may be to the reserve the unused portion of their initial share charged without interruption against their accumulated which , on 15 September 1988 , is in excess of 20 % of the shares of the Community quota . initial volume . They may return a greater portion if there are grounds for believing that it may not be used in full . 2 . Member States shall ensure that importers of the product in question have free access to the shares allocated Member States shall , not later than 1 October 1988 , notify to them . the Commission of the total quantities of the product in question imported up to and including 15 September 1988 , 3 . The extent to which the Member States have used up and charged against the Community quota and of any their shares shall be determined on the basis of the imports portion of their initial shares returned to the reserve . of the product in question entered with the customs authorities for free circulation .

Article 6 Article 9 Member States may restrict the charging of imports against their shares to products for certain intended uses . In that At the Commission's request, Member States shall inform it case the Community provisions on the matter shall be of imports actually charged against their shares . applied for checking that the product has been used for the stipulated purpose . Article 10

The Member States and the Commission shall cooperate Article 7 closely to ensure that this Regulation is complied with .

The Commission shall keep an account of the shares drawn Article 11 by the Member States pursuant to Articles 2 and 3 and shall , as soon as the information reaches it, inform each State of the extent to which the reserve has been used up . This Regulation shall enter into force on 1 January 1988 .

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

Done at Brussels , 18 December 1987 .

For the Council

The President

N. WILHJELM