31987R4098

No L 383 / 14 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4098 / 87

of 22 December 1987

opening, allocating and providing for the administration of a Community tariff quota for ferro-chromium containing by weight more than 6 % of carbon, and falling within code 7202 41 90 of the combined nomenclature

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas , to allow for possible changes in imports of the said product , the quota volume should be divided into two parts , the first being allocated among the Member States and the second held as a reserve to cover any subsequent Having regard to the Treaty establishing the European requirements of Member States which have used up their Economic Community, and in particular Article 28 initial shares ; whereas , to afford importers some degree of thereof, certainty, the first part of the Community tariff quota should be fixed at a high level , which in this case could be 75 % of the quota volume ; Having regard to the proposal from the Commission , Whereas the initial shares of the Member States may be used up at different rates ; whereas , in order to avoid any break in the continuity of supplies on this account , it should be Whereas there is a variable shortfall in Community provided that any Member State which has almost used up its production of ferro-chromium containing by weight more initial share should draw an additional share from the than 6 % of carbon and producers are thus unable to meet the reserve ; whereas each time one of its additional shares is total needs of user industries ; whereas it is therefore in the almost used up a Member State should draw a further share , Community's interest to suspend totally the customs duties and so on as many times as the reserve allows ; whereas the applicable to that metal for a period ending on 31 December initial and additional shares must be valid until the end of the 1988 within the limits of a tariff quota fixed at an quota period ; whereas this form of administration requires appropriate volume ; whereas , in order to avoid disturbing close cooperation between the Member States and the the equilibrium of the market for that ferro-alloy and to Commission and the latter must be able to monitor the extent ensure both an outlet for Community production and to which the quota volume has been used up and inform the sufficient supplies for Community user industries , the quota Member States accordingly ; volume should be fixed at a provisional 210 000 tonnes , thus covering immediate needs for imports from third countries ; whereas , moreover , Member States should be free to make Whereas if at a given date in the quota period a considerable the charging of products against that volume subject to quantity of a Member State's initial share remains unused, it certain conditions concerning end use; is essential that the Member State concerned should return a significant proportion thereof to the reserve in order to prevent part of the Community tariff quota from remaining unused in one Member State when it could be used in Whereas equal and continuous access to the quota should be others ; ensured for all importers and the rate laid down for the quota should be applied consistently to all imports of the product in question until the quota is exhausted ; whereas , in the light of Whereas since the Kingdom of Belgium , the Kingdom of the these principles , allocation of the tariff quota among the Netherlands and the Grand Duchy of Luxembourg are united Member States would seem to preserve the Community within and jointly represented by the Benelux Economic nature of the quota ; whereas , in order to correspond as Union , any operation concerning the administration of the closely as possible to the real trend of the market for the quota shares allocated to that economic union may be carried product in question the allocation should reflect out by any one of its members , requirements of the Member States based on statistics of imports of the said product from third countries during a representative reference period and on the economic outlook for the quota year in question ; HAS ADOPTED THIS REGULATION :

Whereas , since this is an autonomous Community tariff Article 1 quota intended to cover import needs arising in the Community , the quota may, on an experimental basis , be allocated on the basis of each Member State's estimated 1 . From 1 January to 3 1 December 1988 the customs duty provisional needs for imports from third countries ; whereas applicable to imports of the following product shall be these allocation arrangements also ensure the uniform suspended at the level indicated and within the limits of a application of the Common Customs Tariff; Community tariff quota as shown below :

31 . 12 . 87 No L 383 / 15 Official Journal of the European Communities

Volume of quota Rate of duty Order No CN code Description ( tonnes ) ( % )

09.2711 7202 41 90 Ferro-chromium containing by weight more than 6 % of carbon 210 000 0

2 . Within the limits of this tariff quota , the Kingdom of share , rounded up where necessary to the next whole Spain and the Portuguese Republic shall apply customs duties number . calculated in accordance with the relevant provisions of the 1985 Act of Accession . 3 . If, after its second share has been used up , a Member State has used 90 % or more of its third share , it shall , using 3 . Imports of the product in question which benefit from the procedure provided for in paragraph 1 , draw a fourth exemption from customs duties under other preferential share equal to the third . tariff arrangements shall not be charged against this tariff quota . This process shall continue until the reserve is used up .

4 . By way of derogation from paragraphs 1 , 2 and 3 , Article 2 Member States may draw smaller shares than those specified in the said paragraphs if there is reason to believe that they 1 . The Community tariff quota referred to in Article 1 might not be used in full . Member States shall inform the shall be divided into two parts . Commission of their reasons for applying this paragraph .

2 . The first part, amounting to 157 500 tonnes , shall be allocated among certain Member States ; subject to Article 5 , the quota shares shall be valid until 31 December 1988 and Article 4 shall be as follows : Additional shares drawn pursuant to Article 3 shall be valid (tonnes) until 31 December 1988 . Benelux 11 403 Germany 51 345 Spain 18 553 France 31 390 Article 5 Italy 28 539 United Kingdom 16 270 By 1 October 1988 at the latest , Member States must return to the reserve the unused portion of their initial share which , 3 . The second part , amounting to 52 500 tonnes , shall on 15 September 1988 , is in excess of 20% of the initial constitute the reserve . volume . They may return a greater portion if there is reason to believe that it might not be used . 4 . If an importer gives notification of imminent imports of the product in question into a Member State to which no By 1 October 1988 at the latest , Member States must notify initial share has been allocated and applies to take advantage the Commission of the total quantities of the product of the quota , the Member State concerned shall inform the concerned imported on or before 15 September 1988 and Commission and draw an amount corresponding to its charged against the Community quota and of any portion of requirements to the extent that the available balance of the their initial share that they are returning to the reserve . reserve so permits .

Article3¶

1 . If a Member State has used 90 % or more of its initial Member States may decide that only products intended for share as specified in Article 2 ( 2 ), or of that share less any certain uses may be charged against their shares of the quota portion returned to the reserve pursuant to Article 5 , it shall for the products in question . In this case use of the products forthwith , by notifying the Commission and to the extent for the prescribed specific purpose shall be monitored by that the reserve so permits , draw a second share equal to application of the relevant Community provisions . 10 % of its initial share , rounded up where necessary to the next whole number .

Article 7 2 . If, after its initial share has been used up , a Member State has used 90% or more of its second share as well , it shall forthwith , using the procedure provided for in The Commission shall keep account of the shares drawn by paragraph 1 , draw a third share equal to 5 % of its initial Member States pursuant to Articles 2 and 3 and shall inform

No L 383 / 16 Official Journal of the European Communities 31 . 12 . 87

each Member State of the extent to which the reserve has question against their shares as and when the goods are been used up as soon as it has been notified . entered with the customs authorities for free circulation .

It shall inform the Member States , not later than 5 October 4 . The extent to which Member States have used up their 1988 , of the state of the reserve following any return of quota shares shall be determined on the basis of the imports charged shares pursuant to Article 5 . in accordance with paragraph 3 .

It shall ensure that the drawing which exhausts the reserve does not exceed the balance available , and to this end shall Article 9 notify the amount of that balance to the Member State making the final drawing. At the request of the Commission , Member States shall inform it of imports actually charged against their quota shares . Article 8

1 . Member States shall take all appropriate measures to Article 1 0 ensure that additional drawings of shares pursuant to Article 3 enable imports to be charged without interruption The Member States and the Commission shall cooperate against their accumulated share of the Community quota . closely to ensure that this Regulation is complied with .

2 . Member States shall ensure that importers of the product concerned have free access to the quota shares allocated to them . Article 11

3 . Member States shall charge imports of the product in 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 , 22 December 1987 .

For the Council The President N. WILHJELM