31988R4189
No L 368 / 30 Official Journal of the European Communities 31 . 12 . 88
COUNCIL REGULATION ( EEC ) No 4189 / 88 of 16 December 1988 opening and providing for the administration of a Community tariff quota for ferro-silicon 1989
THE COUNCIL OF THE EUROPEAN COMMUNITIES , quota, of such quantities as they may need, under conditions and according to a procedure to be determined; whereas this method of administration requires close cooperation between the Member States and the Having regard to the Treaty establishing the European Commission and the latter must in particular be able to Economic Community , and in particular Article 113 monitor the rate at which the tariff quota is used and thereof, inform the Member States accordingly;
Having regard to the proposal from the Commission, Whereas , since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are Whereas, as regards ferro-silicon, the European Economic Community has undertaken to open an annual duty-free united within and jointly represented by the Benelux Economic Union , any measure concerning the Community tariff quota of 20 000 tonnes; whereas this administration of the shares levied by that economic union should , however, be reduced to 12 600 tonnes to take may be carried out by any one of its members , account of the traditional imports from EFTA countries which are free of customs duty under the Agreements concluded with those countries, and also the obligations entered into in relation to a third country which has the right of the previous negotiator for this quota volume ; whereas the quota concerned should therefore be opened HAS ADOPTED THIS REGULATION : on 1 January 1989 ;
Whereas equal and continuous access to the quota should be ensured for all Community importers and the rates laid Article 1 down for the quota should be applied consistently to all imports of the product in question into all the Member 1 . From 1 January to 31 December 1989 , the customs States until the quota is exhausted; whereas it is duty applicable to imports of the following product shall be appropriate not to provide for allocation among Member suspended at the level indicated and within the limits of a States, without prejudice to the drawing, on the tariff Community tariff quota as shown herewith :
Quota Rate of Order CN code Description volume duty No ( tonnes ) ( % )
09.0019 7202 21 10 Ferro-silicon 12 600 0 \ 7202 21 90 IIII 7202 29 00 \ l
Within the limits of this tariff quota , Spain and Portugal appropriate measure with a view to ensuring the efficient shall apply duties calculated in accordance with the administration thereof. relevant provisions in the 1985 Act of Accession . Article 3 If an importer presents in a Member State a declaration of 2 . Imports of the product in question may not be charged entry into free circulation including a request for against this tariff quota if they are already free of customs preferential benefit for a product covered by this duties under other preferential tariff arrangements . 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 declarations, 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 / 31
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