31988R4188
No L 368 / 28 Official Journal of the European Communities 31 . 12 . 88
COUNCIL REGULATION ( EEC ) No 4188 / 88 of 16 December 1988
opening, and providing for the administration of a Community tariff quota for ferro phosphorus ( 1989 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES , imports of the products in question into all Member States until the quota is exhausted ; whereas it is appropriate not to provide for allocation among Member States, without Having regard to the Treaty establishing the European prejudice to the drawing, on the tariff quota, of such Economic Community and in particular Article 28 quantities as they may need, under conditions and thereof, according to a procedure to be determined ; whereas this method of administration requires close coopertion between the Member States and the Commission and the Having regard to the proposal from the Commission, latter must in particular be able to monitor the rate at which the tariff quota is used and inform the Member Whereas Community production of ferro-phosphorus States accordingly; containing by weight 15 % or more of phosphorus is currently insufficient to meet the requirements of Community user industries ; whereas, consequently, the Whereas since the Kingdom of Belgium , the Kingdom of Community currently depends to a considerable extent on the Netherlands and the Grand Duchy of Luxembourg are imports from third countries for its supplies of that united within and jointly represented by the Benelux product; whereas it is in the Community's interest to Economic Union , any operation concerning the suspend totally the customs duty on the products in administration of the quota shares levied by that economic question within the limits of a Community tariff quota of union may be carried out by any one of its members, an appropriate volume; whereas , in order not to harm the prospects for increasing production of such goods within the Community while at the same time making adequate supplies available to user industries, the tariff quota should HAS ADOPTED THIS REGULATION : be limited to 52 000 tonnes of products intended for the manufacture of refined phosphoric iron or steel and opened for the period 1 January to 31 December 1989 at zero Article 1 duty ; 1 . From 1 January to 31 December 1989 the customs duty Whereas equal and continuous access to the quota should applicable to imports of the following product shall be be ensured for all Community importers and the rates laid suspended at the level indicated and within the limits of a down for the quota should be applied consistently to all Community tariff quota as shown below :
Order Volume of quota Rate of duty CN code Description No (tonnes) ( % )
09.2718 ex 7202 99 19 Ferro-phosphorus containing by weight 15 % or more of phosphorus , intended for the manufacture of refined phosphoric iron or steel 52 000 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 . Use of the products for the particular purpose laid entry into free circulation including a request for down shall be monitored in accordance with the relevant preferential benefit for a product covered by this Community provisions. Regulation, and if this declaration is accepted by the 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 / 29
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 of 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