31987R4100

No L 383 / 20 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION (EEC) No 4100 / 87

of 22 December 1987

opening and providing for the administration of a Community tariff quota for a certain form of polyvinylpyrrolidone falling within code ex 3905 90 00 of the combined nomenclature

THE COUNCIL OF THE EUROPEAN COMMUNITIES , cover requirements which cannot be determined with sufficient accuracy , it should not be allocated among the Having regard to the Treaty establishing the European Member States, without prejudice to the drawing against the Economic Community, and in particular Article 28 quota volume of such quantities as they may need , under thereof, conditions and according to a procedure to be determined ; whereas this method of administration requires close Having regard to the proposal from the Commission , cooperation between the Member States and the Commission and the latter must in particular be able to Whereas production in the Community of monitor the rate at which the quota is used and inform the polyvinylpyrrolidone intended for use in the pharmaceutical Member States accordingly; industry and falling within subheading ex 3905 90 00 of the combined nomenclature is currently unable to meet the Whereas since the Kingdom of Belgium , the Kingdom of the specific requirements of the user industries in the Netherlands and the Grand Duchy of Luxembourg are united Community; whereas , consequently, Community supplies of within and jointly represented by the Benelux Economic products of this type currently depend to a considerable Union , any operation concerning the administration of the extent on imports from third countries ; whereas the most quota shares allocated to that economic union may be carried urgent Community requirements for the products in question out by any one of its members , should be met immediately on the most favourable terms ; whereas a zero-duty Community tariff should therefore be opened within the limit of an appropriate volume for a period from 1 January to 31 December 1988 ; whereas , in order not to upset the balance of the market for this product, the HAS ADOPTED THIS REGULATION : volume of the Community tariff quota should be set at a provisional level of 70 tonnes ; whereas the setting of the quota volume at this level does not rule out an adjustment during the year; Article 1 Whereas equal and continuous access to the quota should be ensured for all Community importers and the rate laid down 1 . From 1 January to 3 1 December 1988 the customs duty for the quota should be applied consistently to all imports of applicable to imports of the following product shall be the product in question into all the Member States until the suspended at the level indicated and within the limits of a quota is exhausted; whereas , however, since the quota is to Community tariff quota as shown below :

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

09.2731 ex 3905 90 00 Polyvinylpyrrolidone , presented in powder form , the particles of which are less than 38 micrometres and which has a solubility in water at 25 °C of less than , or equal to , 1 ,5 % by weight and which is intended for the pharmaceutical industry 70 0

Within the limit of this tariff quota the Kingdom of Spain and corresponding to its requirements to the extent that the the Portuguese Republic shall apply customs duties available balance of the reserve so permits . calculated in accordance with the relevant provisions of the Act of Accession of Spain and Portugal . 3 . The shares drawn pursuant to paragraph 2 shall be valid until the end of the quota period . 2 . If an importer gives notification of imminent imports of the product in question into a Member State and applies to 4 . The relevant Community provision shall be applied in take advantage of the quota , the Member State concerned order to monitor the use of the product for the prescribed shall inform the Commission and draw an amount specific purpose .

No L 383 / 21 31 . 12 . 87 Official Journal of the European Communities

Article2¶

1 . Member States shall take all appropriate measures to At the request of the Commission, Member States shall ensure that their drawings pursuant to Article 1 ( 2 ) enable inform it of imports actually charged against the quota. imports to be charged without interruption against their accumulated shares of the Community quota .

2 . Each Member State shall ensure that importers of the Article 4 product concerned have free access to the quota for such time as the residual balance of the quota volume so permits . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with . 3 . Member States shall charge imports of the said goods against their drawings as and when the goods are entered with the customs authorities for free circulation .

Article 5 4 . The extent to which the quota has been used up shall be determined on the basis of the imports charged in accordance with paragraph 3 . 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