31988R4186

No L 368 / 24 Official Journal of the European Communities 31 . 12 . 88

COUNCIL REGULATION (EEC) No 4186 / 88

of 16 December 1988 opening and providing for the administration of a Community tariff quota for certain flat-rolled products falling within CN code ex 7226 10 91

THE COUNCIL OF THE EUROPEAN COMMUNITIES , should not be allocated among the Member States , without prejudice to the drawing against the quota volume of such quantities as they may need, under the conditions and according to the procedure to be laid down ; whereas this Having regard to the Treaty establishing the European method of administration requires close cooperation Economic Community , and in particular Article 28 between the Member States and the Commission and the thereof, latter must in particular be able to monitor the rate at which the quota is used and inform the Member States accordingly ; Having regard to the proposal from the Commission ,

Whereas since the Kingdom of Belgium, the Kingdom of Whereas the Community currently depends to a large the Netherlands and the Grand Duchy of Luxembourg are extent on imports from third countries for its supplies of united within and jointly represented by the Benelux certain flat-rolled products falling within code 7226 10 91 Economic Union , any operation concerning the of the combined nomenclature ; whereas it is in the administration of the quota share levied by that economic Community's interest' to suspend totally the duty normally union may be carried out by any one of its members, applied to the products in question within the limit of a Community tariff quota of an appropriate volume; whereas in order not to harm the prospects for increasing production within the Community while at the same time making adequate supplies available to user industries, the HAS ADOPTED THIS REGULATION : tariff quota should be limited to 600 tonnes and opened for the period 1 January to 31 December 1989 ;

Article 1 Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid 1 . From 1 January to 31 December 1989 the customs duty down for the quota should be applied consistently to all applicable to imports of the following products shall be imports of the products in question into all Member States suspended at the level indicated and within the limits of a until the quota is exhausted ; whereas , however, the quota Community tariff quota as shown below :

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

09.2781 ex 7226 10 91 Flat-rolled products of grain-oriented silicon-electrical steel , having a width not exceeding 500 mm , a thickness of more than 0,20 mm but less than 0,3 mm and a nominal magnetic-reversal loss of 1,0 W / kg as determined by the Epstein method with a current of 50 cycles and an induction of 1,7 Tesla 600 0

2 . Within the limits of this tariff quota the Kingdom of Article 3 Spain and the Portuguese Republic shall apply duties calculated in accordance with the relevant provisions of the If an importer presents in a Member State a declaration of 1985 Act of Accession . entry into free circulation including a request for preferential benefit for a product covered by this Article 2 Regulation, and if this declaration is accepted by the customs authorities , the Member State concerned shall The tariff quota referred to in Article 1 shall be draw , from the tariff quota , by means of notification to the administered by the Commission , which may take any Commission, a quantity corresponding to these needs . appropriate measure with a view to ensuring the efficient administration thereof.

31 . 12 . 88 Official Journal of the European Communities No L 368 / 25

The requests for drawing , with the indication of the date of 2 . Each Member State shall ensure that importers of the acceptance of the said declarations, must be communicated product concerned have free access to the quota for such to the Commission without delay . times as the balance of the tariff quota so permits.

3 . Member States shall charge imports of the said product The drawings are granted by the Commission on the basis against their drawings as and when the goods are entered of the date of acceptance of the declaration of entry into with the customs authorities under cover of declarations of free circulation by the customs authorities of the Member entry into free circulation . State concerned , to the extent that the available balance so permits . 4. The extent to which the quota has been used up shall be determined on the basis of the imports charged in If a Member State does not use the quantities drawn, it accordance with paragraph 3 . shall return them as soon as possible to the tariff quota .

Article 5 If the quantities requested are greater than the available balance of the tariff quota, allocation shall be made on a At the request of the Commission, Member States shall pro rata basis with respect to the requests. Member States inform it of imports actually charged against the quota. shall be informed by the Commission in accordance with the same procedures. Article 6

The Member States and the Commission shall cooperate Article 4 closely to ensure that this Regulation is complied with .

1 . Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 3 enable Article 7 imports to be charged without interruption against their accumulated shares of the Community quota . This Regulation shall enter into force on 1 January 1989 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 16 December 1988 .

For the Council

The President G. GENNIMATAS