31987R4075

31 . 12 . 87 Official Journal of the European Communities No L 381 / 11

COUNCIL REGULATION (EEC ) No 4075 / 87

of 18 December 1987

opening, allocating and providing for the administration of a Community tariff quota for ferro-silico-manganese ( 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 product 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

Benelux 2,53 5,30 0,85 Having regard to the proposal from the Commission , Denmark 0 0 0 Germany 72,51 66,53 52,12 Greece 0 0 0,42 Spain 0 0,77 11,50 Whereas , as regards ferro-silico-manganese , the European France 5,45 0,21 0,35 Economic Community has undertaken to open an annual Ireland 0 0 0 duty-free Community tariff quota of 50 000 tonnes ; Italy 11,17 12,72 9,70 whereas this should however be reduced to 18 550 tonnes Portugal 0 0 0 to take account of the traditional imports from EFTA United Kingdom 8,34 14,47 17,36 countries which are free of customs duty under the Agreements concluded with those countries ; whereas the tariff quota concerned should therefore be opened on 1 January 1988 and allocated among the Member States ; Whereas , in view of the factors and of market forecasts for ferro-silico-manganese for 1988 , the inital percentage shares of the quota volume can be expressed approximately as follows : Whereas the Community has, adopted , with effect from 1 January 1988 , a combined nomenclature for goods which Benelux 6,09 meets the requirements of both the Common Customs Denmark 0,01 Tariff and the Nomenclature of Goods for External Trade Germany 61,45 Statistics of the Community and Statistics of Trade Greece 0,19 between Member States ; whereas in order to accommodate Spain 5,45 specific Community rules , this nomenclature has been France 1,55 expanded into an integrated tariff of the European Ireland 0,01 Communities ( TARIC ); whereas , with effect from that Italy 10,96 date , the combined nomenclature and , where appropriate , Portugal 0,01 the TARIC code numbers should be used for the United Kingdom 14,28 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 Whereas equal and continuous access to the quota should into two parts , the first being allocated between the be ensured for all importers and the rate of duty for the Member States and the second forming a reserve intended tariff quota should be applied consistently to all imports to cover the subsequent requirements of Member States until the quota is used up ; whereas, in the light of the which have used up their initial share ; whereas , in order to principles outlined above, arrangements for the utilization give importers some degree of certainty , the first part of the of the Community tariff quota based on an allocation tariff quota should be set at a high level , which in this case among Member States would seem to be consistent with should be approximately 90 % of the volume of the the Community nature of the quota ; whereas , in order that quota ; it may correspond as closely as possible to the actual market trends in the product in question , allocation of the quota should be in proportion to the requirements of the Whereas initial shares may be used up at different rates ; Member States as calculated by reference to statistical data whereas , to avoid any break in the continuity of supplies on imports from third countries during a representative on this account, it should be provided that any Member reference period and to the economic prospects for the State which has used up its initial share should draw from quota year in question ; the reserve amounts corresponding to its actual

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

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

Whereas , if at a given date in the quota period a HAS ADOPTED THIS REGULATION : considerable quantity of a Member State's initial share remains unused , it is essential that the Member State concerned should return a significant proportion to the reserve, in order to avoid a part of the Community quota Article 1 remaining unused in one Member State when it could be 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 volume nomenclature Description duty No code ( tonnes ) ( % )

09.0021 7202 30 00 Ferro-silico-manganese 18 550 0

Within the limits of this tariff quota , Spain and Portugal returned to the reserve pursuant to Article 5 , the following shall apply duties calculated in accordance with the provisions shall apply. relevant provisions in the 1985 Act of Accession .

2 . Imports of the product in question may not be charged against this tariff quota if they are already free of customs If an importer enters a product covered by this Regulation duties under other preferential tariff quota if they are for free circulation in a Member State , accompanied by a already free of customs duties under other preferential request for preferential treatment for the said product, and tariff arrangements . this request is accepted by the customs authorities , the Member State concerned shall by notifying the Commission , draw an amount corresponding to its Article 2 requirements from the reserve referred to in Article 2 ( 3 ). 1 . A first part of 16 695 tonnes shall be allocated among the Member States ; the shares , shall subject to Article 5 , be valid from 1 January to 31 December 1988 and shall be as Requests to draw on the reserve together with the date of follows : acceptance of the customs declarations must be forwarded to the Commission without delay . (tonnes) Benelux 1 016 Denmark 1 Germany 10 260 Drawings are granted by the Commission on the basis of Greece 31 the date of acceptance of goods for entry into free Spain 910 circulation by the customs authorities of the Member State France 259 concerned , provided a sufficient amount remains in the Ireland 1 reserve . 1 831 Italy Portugal 1 United Kingdom 2 385 If a Member State does not use the quantity drawn , it shall return it to the reserve as soon as possible. 2 . The second part of 1 855 tonnes shall constitute the reserve .

Article 3 If requests for drawings exceed the amount remaining in the reserve , an allocation shall be made pro rata . The If a Member State has used all of its initial share as Member State shall be informed by the Commission specified in Article 2 ( 2 ), or of that share less any portion through the same procedure .

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

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

Article 6 4 . The extent to which a Member State has used up its shares shall be determined on the basis of the imports Member States may restrict the charging of imports against charged in accordance with paragraph 3 . their shares to products for certain intended uses . In that case the Community provisions on the matter shall be Article 9 applied for checking that the product has been used for the stipulated purpose . At the Commission's request, Member States shall inform it of the imports actually charged against their shares.

Article 7 Article 10 The Commission shall keep an account of the shares drawn by the Member States pursuant to Articles 2 and 3 and The Member States and the Commission shall cooperate shall , as soon as the information reaches it, inform each closely to ensure that this Regulation is complied with . State of the extent to which the reserve has been used up .

Article 11 It shall , not later than 5 October 1988 , inform the Member States of the amount still in reserve, following any return of shares pursuant to Article 5 . 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