31987R4076

No L 381 / 14 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4076 / 87

of 18 December 1987 opening, allocating and providing for the administration of a Community tariff quota for ferro-chromium containing not more than 0,10 % by weight of carbon and more than 30 % but not more than 90 % by weight of chromium ( super-refined ferro-chromium) ( 1988 )

THE COUNCIL OF THE EUROPEAN COMMUNITIES , reference period and to the economic outlook for the quota year in question ;

Having regard to the Treaty establishing the European Economic Community and in particular Article 113 Whereas ferro-chromium of this quite specific quality is not thereof, singled out in the Member States' statistical nomenclatures; whereas their corresponding imports from third countries not already benefiting from an equivalent preferential arrangement could not be detailed in their entirety for the Having regard to the proposal from the Commission , abovementioned reference period ; whereas , taking into account the likely trend of the market in such ferro-chromium for 1988 and in particular the forecasts made by the Member States , the initial percentage shares of Whereas , as regards ferro-chromium containing by weight the quota volume can be expressed approximately as not more than 0,10 % of carbon and more than 30 % follows : but not more than 90 % of chromium ( super-refined ferro-chromium), the European Economic Community has undertaken to open an annual duty-free Community tariff Benelux 5,80 quota of 3 000 tonnes; whereas this should however, be Denmark 0,03 reduced to 2 950 tonnes to take account of the traditional Germany 22,03 imports from EFTA countries which are free of customs Greece 0,03 duty under the Agreements concluded with those countries ; Spain 18,33 whereas the tariff quota concerned should therefore be France 30,83 opened on 1 January 1988 and allocated among the Ireland 0,03 Member States ; Italy 8,80 Portugal 0,88 United Kingdom 13,24 Whereas the Community has adopted with effect from 1 January 1988 , a combined nomenclature for goods which meets the requirements of both the Common Customs Tariff and the Nomenclature of Goods for External Trade Whereas , to take account of future import trends for the Statistics of the Community and Statistics of Trade product concerned , the quota should be divided into two between Member States ; whereas in order to accommodate parts , the first being allocated among the Member States , specific Community rules , this nomenclature has been and the second held as a reserve to cover subsequently the expanded into an integrated tariff of the European requirements of Member States which have exhausted their Communities ( TARIC ); whereas , with effect from that initial share; whereas, to give importers some degree of date , the combined nomenclature and , where appropriate , certainty , the first part of the tariff quota should be set at a the TARIC code numbers should be used for the high level , which in this case could be approximately 90 % description of the products covered by this Regulation ; of the volume of the quota ;

Whereas equal and continuous access to the quota should be ensured for all importers and the rate of duty for the Whereas initial shares may be used up at different rates ; tariff quota should be applied consistently to all imports whereas to avoid any break in the continuity of supplies on until the quota is used up ; whereas arrangements for the this account it should be provided that any Member State utilization of the Community tariff quota based on an which has used up its initial share should draw from the allocation among Member States would seem to be reserve amounts corresponding to its actual requirements ; consistent with the Community nature of the quota ; whereas this should be done as many times as the reserve whereas , to correspond as closely as possible to the actual allows ; whereas this form of administration requires close trend of the market in the product in question , allocation collaboration between the Member States and the of the quota should be in proportion to the requirements of Commission , and the latter must be in a position to the Member States as calculated by reference to statistics of monitor the extent to which the quotas have been used up imports from third countries during a representative and inform the Member States accordingly ;

31 . 12 . 87 Official Journal of the European Communities No L 381 / 15

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 , if 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 HAS ADOPTED THIS REGULATION : remaining unused in one Member State while it could be used in others ;

Article1¶

Whereas, since the Kingdom of Belgium , the Kingdom of 1 . From 1 January to 31 December 1988 , the customs the Netherlands and the Grand Duchy of Luxembourg are duty applicable to imports of the following product shall be united within and jointly represented by the Benelux suspended at the level indicated and within the limits of a Economic Union , any measure concerning the Community tariff quota as shown herewith :

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

09.0023 ex 7202 49 10 Ferro-chromium containing not more than 0,10 % by weight of ex 7202 49 50 carbon and more than 30 % but not more than 90 % of chromium ( super-refined ferro-chromium ) 2 950 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.

If an importer enters a product covered by this Regulation 2 . Imports of the product in question may not be charged for free circulation in a Member State, accompanied by a against this tariff quota if they are already free of customs request for preferential treatment for the said product, and duties under other preferential 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 requirements from the reserve referred to in Article 2 ( 3 ). Article 2

1 . A first part of 2 655 tonnes of this Community tariff Requests to draw on the reserve together with the date of quota shall be allocated among the Member States; the acceptance of the customs declarations must be forwarded shares shall , subject to Article 5 , be valid from 1 January to to the Commission without delay. 31 December 1988 and shall be as follows :

(tonnes) Drawings are granted by the Commission on the basis of Benelux 154 the date of acceptance of goods for entry into free Denmark 1 circulation by the customs authorities of the Member State Germany 585 concerned , provided a sufficient amount remains in the Greece 1 reserve . Spain 486 France 818 Ireland 1 If a Member State does not use the quantity drawn , it shall return it to the reserve as soon as possible . Italy 235 Portugal 23 United Kingdom 351 If requests for drawings exceed the amount remaining in the reserve , an allocation shall be made pro rata . The 2 . The second part of 295 tonnes shall constitute the Member State shall be informed by the Commission reserve . through the same procedure.

Article3¶

1 . If a Member State has used up all of its initial share as Additional shares drawn pursuant to Article 3 shall be valid specified in Article 2 ( 2 ), or of that share less any portion until 31 December 1988 .

No L 381 / 16 Official Journal of the European Communities 31 . 12 . 87

Article 5 It shall ensure that the drawing which exhausts the reserve does not exceed the balance available , and to this end shall Member States shall , not later than 1 October 1988 , return notify the amount of that balance to the Member State to the reserve the unused portion of their initial share making the last drawing. which , on 15 September 1988 , is in excess of 20 % of the initial volume . They may return a greater portion if there Article 8 are grounds for believing that it may not be used in full .

1 . Member States shall take all appropriate measures to Member States shall , not later than 1 October 1988 , notify ensure that additional drawings of shares pursuant to the Commission of the total quantities of the product in Article 3 are carried out in such a way that imports may be question imported up to and including 15 September 1988 , charged without interruption against their accumulated and charged against the Community quota and of any share of the Community quota . 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 . The extent to which the Member States have used up their shares shall be determined on the basis of imports of Member States may restrict the charging of imports against the products in question entered with the customs their shares to products for certain intended uses . In that authorities for free circulation . case the Community provisions on the matter shall be applied for checking that the product has been used for the stipulated purpose . Article 9

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 shall , as soon as the information reaches it, inform each The Member States and the Commission shall cooperate State of the extent to which the reserve has been used up . closely to ensure that this Regulation is complied with .

It shall , not later than 5 October 1988 , inform the Member Article 11 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