31988R4190

No L 368 / 32 Official Journal of the European Communities 31 . 12 . 88

COUNCIL REGULATION ( EEC ) No 4190 / 88

of 16 December 1988 opening and providing for the administration of a Community tariff quota for ferro-silico-manganese ( 1989)

THE COUNCIL OF THE EUROPEAN COMMUNITIES , States, without prejudice to the drawing, on the tariff 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 Having regard to the Treaty establishing the European cooperation between the Member States and the Economic Community , and in particular Article 113 Commission and the latter must in particular be able to thereof, monitor the rate at which the tariff 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 the Netherlands and the Grand Duchy of Luxembourg are Whereas, as regards ferro-silico-manganese, the European united within and jointly represented by the Benelux Economic Community has undertaken to open an annual Economic Union , any measure concerning the duty-free Community tariff quota of 50 000 tonnes ; administration of the shares levied by that economic union whereas this should however be reduced to 18 550 tonnes may be carried out by any one of its members , to take account of the traditional imports from EFTA countries which are free of customs duty under the Agreements concluded with those countries; whereas the tariff quota concerned should therefore be opened on 1 HAS ADOPTED THIS REGULATION : January 1989 ;

Whereas equal and continuous access to the quota should - Article 1 be ensured for all Community importers and the rates laid down for the quota should be applied consistently to all 1 . From 1 January to 31 December 1989 , the customs imports of the product in question into all the Member duty applicable to imports of the following product shall be States until the quota is exhausted ; whereas it is suspended at the level indicated and wihtin the limits of appropriate not to provide for allocation among Member Community tariff quota as shown herewith :

Quota Rate of Order CN code Description volume duty No (tonnes ) ( % )

09.0021 7202 30 00 Ferro-silicio-manganese 18 550 0

Within the limits of this tariff quota , Spain and Portugal Article 3 shall apply duties calculated in accordance with the relevant provisions in the 1985 Act of Accession. If an importer presents in a Member State a declaration of entry into free circulation including a request for preferential benefit for a product covered by this 2 . Imports of the product in question may not be charged Regulation, and if this declaration is accepted by the against this tariff quota if they are already free of customs customs authorities , the Member State concerned shall duties under other preferential tariff quota if they are draw, from the tariff quota , by means of notification to the already free of customs duties under other preferential Commission , a quantity corresponding to these needs . tariff arrangements. The requests for drawing, with the indication of the date of acceptance of the said declarations , must be communicated to the Commission without delay . Article 2 The drawings are granted by the Commission on the basis The tariff quota referred to in Article 1 shall be of the date of acceptance of the declaration of entry into administered by the Commission , which may take any free circulation by the customs authorities of the Member appropriate measure with a view to ensuring the efficient State concerned , to the extent that the available balance so administration thereof. permits .

31 . 12 . 88 Official Journal of the European Communities No L 368 / 33

If a Member State does not use the quantities drawn , it with the customs authorities under cover of declarations of shall return them as soon as possible to the tariff quota . entry into free circulation .

If the quantities requested are greater than the available 4 . The extent to which the quota has been used up shall balance of the tariff quota, allocation shall be made on a be determined on the basis of the imports charged in pro rata basis with respect to the requests. Member States accordance with paragraph 3 . shall be informed by the Commission in accordance with the same procedures . Article 5

Article 4 At the request of the Commission , Member States shall inform it of imports actually charged against the quota. 1 . Member States shall take all appropriate measures to ensure that their drawings pursuant to Article 3 enable imports to be charged without interruption against their Article 6 accumulated shares of the Community quota.

The Member States and the Commission shall cooperate 2 . Each Member State shall ensure that importers of the closely to ensure that this Regulation is complied with . product concerned have free access to the quota for such times as the balance of the tariff quota so permits . Article 7 3 . Member States shall charge imports of the said product against their drawings as and when the goods are entered 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