31988R4187

No L 368 / 26 Official Journal of the European Communities 31 . 12 . 88

COUNCIL REGULATION ( EEC ) No 4187 / 88

of 16 December 1988

opening and providing for the administration of a Community tariff quota for ferro-chromium containing by weight more than 6 % of carbon

THE COUNCIL OF THE EUROPEAN COMMUNITIES , quota should be applied consistently to all imports of the product in question until the quota is exhausted ; whereas it is appropriate not to provide for allocation among Member States, without prejudice to the drawing, on the tariff Having regard to the Treaty establishing the European quota , 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 tariff quota is used and inform the Member States accordingly ; Whereas there is a variable shortfall in Community production of ferro-chromium containing by weight more Whereas since the Kingdom of Belgium, the Kingdom of than 6 % of carbon and producers are thus unable to meet the Netherlands and the Grand Duchy of Luxembourg are the total needs of user industries ; whereas it is therefore in united within and jointly represented by the Benelux the Community's interest to suspend totally the customs Economic Union , any operation concerning the duties applicable to that metal for a period ending on administration of the quota shares levied by that economic 31 December 1989 within the limits of a tariff quota fixed union may be carried out by any one of its members , at an appropriate volume; whereas, in order to avoid disturbing the equilibrium of the market for that ferro-alloy and to ensure both an outlet for Community production and sufficient supplies for Community user industries , the HAS ADOPTED THIS REGULATION : quota volume should be fixed at a provisional 300 00 tonnes, thus covering immediate needs for imports from third countries ; whereas , moreover, Member States should Article 1 be free to make the charging of products against that volume subject to certain conditions concerning end use; 1 . From 1 January to 31 December 1989 the customs duty applicable to imports of the following product shall be Whereas equal and continuous access to the quota should suspended at the level indicated and within the limits of a be ensured for all importers and the rate laid down for the Community tariff quota as shown below .

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

09.2711 7202 41 90 Ferro-chromium containing by weight more than 6 % of carbon 300 000 0

2 . Within the limits of this tariff quota , the Kingdom of appropriate measure with a view to ensuring the efficient Spain and the Portuguese Republic shall apply customs administration thereof. duties calculated in accordance with the relevant provisions of the 1985 Act of Accession . Article 3

If an importer presents in a Member State a declaration of 3 . Imports of the product in question which benefit from entry into free circulation including a request for exemption from customs duties under other preferential tariff arrangements shall not be charged against this tariff preferential benefit for a product covered by this Regulation, and if this declaration is accepted by the quota . customs authorities , the Member State concerned shall draw, from the tariff quota , by means of notification to the Commission , a quantity corresponding to these needs . Article 2 The requests for drawing, with the indication of the date of The tariff quota referred to in Article 1 shall be acceptance of the said declaration , must be communicated administered by the Commission, which may take any to the Commission without delay .

31 . 12 . 88 Official Journal of the European Communities No L 368 / 27

The drawings are granted by the Commission on the basis 3 . Member States shall charge imports of the said product of the date of acceptance of the declaration of entry into against their drawings as and when the goods are entered free circulation by the customs authorities of the Member with the customs authorities under cover of declarations of State concerned , to the extent that the available balance so entry into free circulation . permits .

4. The extent to which the quota has been used up shall If a Member State does not use the quantities drawn, it be determined on the basis of the imports charged in shall return them as soon as possible to the tariff quota . accordance with paragraph 3 .

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

Article 4 Article 6 1 . Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 3 enable The Member States and the Commission shall cooperate imports to be charged without interruption against their closely to ensure that this Regulation is complied with . accumulated shares of the Community quota.

2. Each Member State shall ensure that importers of the Article 7 product concerned have free access to the quota for such times as the balance of the tariff quota so permits. 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