31987R4099
31 . 12 . 87 Official Journal of the European Communities No L 383 / 17
COUNCIL REGULATION ( EEC ) No 4099 / 87
of 22 December 1987
opening, allocating and providing for the administration of a Community tariff quota for ferro-phosphorus falling within code ex 7202 99 19 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 certain Member States and the second held as a reserve* to cover any subsequent Having regard to the Treaty establishing the European requirements of those Member States which have used up Economic Community and in particular Article 28 their initial shares and any requirements which might arise in thereof, the other Member States ; whereas , to afford importers in each Member State some degree of certainty, the first part of the Community tariff quota should be set at a relatively high level , which in this case could be 37 520 tonnes ; Having regard to the proposal from the Commission ,
Whereas the initial shares of the Member States may be used Whereas Community production of ferro-phosphorus up at different rates ; whereas , in order to avoid any break in containing by weight 15% or more of phosphorus is the continuity of supplies on this account, it should be currently insufficient to meet the requirements of provided that any Member State which has almost used up its Community user industries ; whereas , consequently , the initial share should draw an additional share from the Community currently depends to a considerable extent on reserve ; whereas each time one of its additional shares is imports from third countries for its supplies of that product ; almost used up a Member State should draw a further share whereas it is in the Community's interest to suspend totally and so on as many times as the reserve allows; whereas the the Common Customs Tariff duty on the products in initial and additional shares must be valid until the end of the question within the limits of a Community tariff quota of an quota period ; whereas this form of administration requires appropriate volume ; whereas , in order not to harm the close cooperation between the Member States and the prospects for increasing production of such goods within the Commission and the latter must be able to monitor the extent Community while at the same time making adequate supplies to which the quota volume has been used up and to inform available to user industries, the tariff quota should be limited the Member States accordingly; to 56 000 tonnes of products intended for the manufacture of refined phosphoric iron or steel and opened for the period 1 January to 31 December 1988 at zero duty ; Whereas since the Kingdom of Belgium , the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union , any operation concerning the administration of the Whereas equal and continuous access to the quota should be quota shares allocated to that economic union may be carried ensured for all Community importers and the rates laid down out by any one of its members , for the quota should be applied consistently to all imports of the products in question into all Member States until the quota is exhausted ; whereas , in the light of these principles , allocation of the tariff quotas among the Member States would seem to preserve the Community nature of the quotas ; whereas in order to correspond as closely as possible to the real trend of the market for the product in question the HAS ADOPTED THIS REGULATION : allocation should reflect the 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 period in question ;
Article 1 Whereas since this is an autonomous Community tariff quota intended to cover import needs arising in the Community, the quota volume may be allocated on the basis of each Member 1 . From 1 January to 3 1 December 1988 the customs duty State's estimated provisional import needs from third applicable to imports of the following product shall be countries; whereas these allocation arrangements will ensure suspended at the level indicated and within the limits of a the uniform application of the Common Customs Tariff; Community tariff quota as shown below :
No L 383 / 18 31 . 12 . 87 Official Journal of the European Communities
Order No CN code Volume of quota Rate of duty Description ( tonnes ) ( % )
09.2718 ex 7202 99 19 Ferro-phosphorus containing by weight 1 5 % or more of phosphorus , intended for the manufacture of refined phosphoric iron or steel 56 000 0
2 . Within the limits of this tariff quota , the Kingdom of 3 . If, after its second share has been used up , a Member Spain and the Portuguese Republic shall apply customs duties State has used 90% or more of its third share , it shall calculated in accordance with the relevant provisions of the forthwith , using the same procedure, draw a fourth share 1985 Act of Accession . equal to the third .
3 . Use of the products for the particular purpose laid This process shall continue until the reserve is used up . down shall be monitored in accordance with the relevant Community provisions . 4 . By way of derogation from paragraphs 1 , 2 and 3 , Member States may draw smaller shares than those specified in the said paragraphs if there is reason to believe that they Article 2 might not be used in full . They shall inform the Commission of their reasons for applying this paragraph . 1 . The first part of this Community tariff quota , amounting to 37 520 tonnes , shall be allocated among certain Member States ; the quota shares shall be valid until 31 December 1988 and shall be as follows : Article 4 (tonnes) Benelux 20 921 The additional shares drawn pursuant to Article 3 shall be Germany 10 123 valid until 31 December 1988 . Spain 3 778 France 1 688 Portugal 132 United Kingdom 878 Article 5 2 . The second part of the quota , amounting to 18 480 tonnes , shall constitute the reserve . By 1 October 1988 at the latest , Member States must return to the reserve the unused portion of their initial share which , 3 . If an importer gives notification of imminent imports on 15 September 1988 , is in excess of 20% of the initial of the product in question into a Member State which has not volume . They may return a greater portion if there is reason been allocated an initial share and applies to take advantage to believe that it might not be used . of the quota , the Member State concerned shall inform the Commission and draw an amount corresponding to its By 1 October 1988 at the latest , Member States must notify requirements to the extent that the available balance of the the Commission of the total quantities of the product reserve so permits . concerned imported on or before 15 September 1988 and charged against the Community quota and of any portion of their initial share that they are returning to the reserve . Article 3
1 . If a Member State has used 90 % or more of its initial share as specified in Article 2(1 ), it shall forthwith , by Article 6 notifying the Commission and to the extent that the reserve so permits , draw a second share equal to 10% of its initial The Commission shall keep account of the shares drawn by share , rounded up where necessary to the next whole number . Member States pursuant to Articles 2 and 3 and shall inform each Member State of the extent to which the reserve has been used up as soon as it has been notified . 2 . If, after its initial quota share has been used up , a Member State has used 90 % or more of its second share as well , it shall , using the procedure provided for in It shall inform the Member States not later than 5 October paragraph 1 , draw a third share equal to 5 % of its initial 1988 of the state of the reserve following any return of quota share . shares pursuant to Article 5 .
31 . 12 . 87 Official Journal of the European Communities No L 383 / 19
It shall ensure that the drawing which exhausts the reserve 4 . The extent to which a Member State has used up its does not exceed the balance available , and to this end shall share shall be determined on the basis of the imports charged notify the amount of that balance to the Member State in accordance with paragraph 3 . making the final drawing .
Article 8 Article 7 At the request of the Commission , Member States shall inform it of imports actually charged against their quota 1 . Member States shall take all appropriate measures to shares . ensure that additional drawings of shares pursuant to Article 3 enable imports to be charged without interruption against their accumulated shares of the Community tariff quota . Article 9
2 . Member States shall ensure that importers of the The Member States and the Commission shall cooperate product concerned have free access to the quota shares closely to ensure that this Regulation is complied with . allocated to them .
3 . Member States shall charge imports of the product Article 10 concerned against their shares as and when the goods are entered with the customs authorities for free circulation . 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 Commission N. WILHJELM