31987R4101

No L 383 / 22 Official Journal of the European Communities 31 . 12 . 87

COUNCIL REGULATION ( EEC ) No 4101 / 87

of 22 December 1987

opening and providing for the administration of a Community tariff quota for certain grades of magnesium falling within code ex 8104 11 00 of the combined nomenclature

THE COUNCIL OF THE EUROPEAN COMMUNITIES , sufficient accuracy , it should not be allocated among the Member States, without prejudice to the drawing against the Having regard to the Treaty establishing the European quota volume of such quantities as they may need , under Economic Community , and in particular Article 28 conditions and according to a procedure to be determined; thereof, whereas this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to Having regard to the proposal from the Commission , monitor the rate at which the quota is used and inform the Member States accordingly; Whereas production in the Community of certain extra-pure grades of magnesium intended for use in the nuclear industry Whereas since the Kingdom of Belgium , the Kingdom of the and falling within subheading ex 8104 11 00 of the Netherlands and the Grand Duchy of Luxembourg are united combined nomenclature is currently unable to meet the within and jointly represented by the Benelux Economic specific requirements of the user industries in the Union , any operation concerning the administration of the Community; whereas , consequently , Community supplies of quota shares allocated to that economic union may be carried products of this type currently depend on imports from third out by any one of its members , countries ; whereas the Community requirements for the products in question 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 expiring on 31 December 1988 ; HAS ADOPTED THIS REGULATION : whereas , in order not to upset the balance of the market for this product , the volume of the Community tariff quota should be set at 600 tonnes ;

Article 1 Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid down for the quota should be applied consistently to all imports of 1 . From 1 January to 3 1 December 1988 the customs duty the product in question into all the Member States until the applicable to imports of the following product shall be quota is exhausted ; whereas , however , since the quota is to suspended at the level indicated and within the limits of a cover requirements which cannot be determined with Community tariff quota as shown below :

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

09.2741 ex 8104 11 00 Unwrought magensium having a purity of not less than 99,95 % in the form of billets containing by weight not more than 0,015 % of iron , not more than 0,002 % of nickel , not more than 0,005 % of lead and not more than 0,006% of manganese , for use in the manufacture of raspings for the nuclear fuel industry 600 0

2 . Within the limit of this tariff quota the Kingdom of Article 2 Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provisions of the 1 . If an importer gives notification of imminent imports 1985 Act of Accession . of the product in question into a Member State and applies to take advantage of the quota , the Member State concerned 3 . The relevant Community provisions shall be applied in shall inform the Commission and draw an amount order to monitor the use of the product for the prescribed corresponding to its requirements to the extent that the specific purpose . available balance of the reserve so permits .

31 . 12 . 87 Official Journal of the European Communities No L 383 / 23

2 . The shares drawn pursuant to paragraph 1 shall be 4 . The extent to which the quota has been used up shall be valid until the end of the quota period . determined on the basis of the imports charged in accordance with paragraph 3 .

Article3¶

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 2 ( 1 ) enable inform it of imports actually charged against the quota . imports to be charged without interruption against their accumulated shares of the Community quota . Article 5 2 . Each Member State shall ensure that importers of the product concerned have free access to the quota for such The Member States and the Commission shall cooperate times as the residual balance of the quota volume so closely to ensure that this Regulation is complied with . permits .

3 . Member States shall charge imports of the said goods Article 6 against their drawings 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 President N. WILHJELM