31988R4192
No L 368 / 36 Official Journal of the European Communities 31 . 12 . 88
COUNCIL REGULATION (EEC) No 4192 / 88 of 16 December 1988 opening and providing for the administration of a Community tariff quota for certain grades of magnesium
THE COUNCIL OF THE EUROPEAN COMMUNITIES , States 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 production in the Community of certain extra-pure grades of magnesium intended for use in Whereas, since the Kingdom of Belgium, the Kingdom of the nuclear industry and falling within CN subheading the Netherlands and the Grand Duchy of Luxembourg are ex 8104 11 00 is currently unable to meet the specific united within and jointly represented by the Benelux requirements of the user industries in the Community; Economic Union , any operation concerning the whereas, consequently, Community supplies of products of administration of the quota shares levied by that economic this type currently depend on imports from third countries; union may be carried ou by any one of its members, whereas the Community requirements for the product in question should be met immediately on the most favourable terms ; whereas a zero-duty Community tariff should therefore be opened within the limit of an HAS ADOPTED THIS REGULATION : appropriate volume for a period expiring on 31 December 1989 ; whereas, in order not to upset the balance of the market for this product, the volume of the Community tariff quota should be set at 320 tonnes ; Article 1
Whereas equal and continuous access to the quota should 1 . From 1 January to 31 December 1989 the customs duty be ensured for all Community importers and the rates laid applicable to imports of the following product shall be down for the quota should be applied consistently to all suspended at the level indicated and within the limits of a imports of the product in question into all the Member Community tariff quota as shown below:
Order Volume of quota Rate o£ duty CN code Description No (tonnes) ( % )
09.2741 ex 8104 11 00 Unwrought magnesium having a purity of not less than 99,95 % in the form of billets containing by weight not more than 0,015 % of iron , not more than 0,002 % of nickel , not more than 0,005 % of lead and not more than 0,006 % of manganese , for use in the manufacture of raspings for the nuclear fuel industry 320 0
2. Within the limit of this tariff quota, the Kingdom of Article 2 Spain and the Portuguese Republic shall apply customs The tariff quota referred to in Article 1 shall be duties calculated in accordance with the relevant provisions of the 1985 Act of Accession . administered by the Commission, which may take any appropriate measure with a view to ensuring the efficient administration thereof.
3 . The relevant Community provisions shall be applied in Article 3 order to monitor the use of the product for the prescribed specific purpose. If an importer presents in a Member State a declaration of entry into free circulation including a request for
31 . 12 . 88 Official Journal of the European Communities No L 368 / 37
preferential benefit for a product covered by this 2 . Each Member State shall ensure that importers of the Regulation , and if this declaration is accepted by the product concerned have free access to the quota for such customs authorities , the Member State concerned shall times as the balance of the tariff quota so permits. draw, from the tariff quota , by means of notification to the Commission , a quantity corresponding to these needs. 3 . Member States shall charge imports of the said product against their drawings as and when the goods are entered The requests for drawing, with the indication of the date of with the customs authorities under cover of declarations of acceptance of the said declarations , must be communicated entry into free circulation. to the Commission without delay.
The drawings are granted by the Commission on the basis 4 . The extent to which the quota has been used up shall of the date of acceptance of the declaration of entry into be determined on the basis of the imports charged in free circulation by the customs authorities of the Member accordance with paragraph 3 . State concerned , to the extent that the available balance so permits .
Article 5 If a Member State does not use the quantities drawn, it shall return them as soon as possible to the tariff quota . At the request of the Commission , Member States shall inform it of imports actually charged against the quota . If the quantities requested are greater than the available balance of the tariff quota , allocation shall be made on a pro rata basis with respect to the requests . Member States shall be informed by the Commission in accordance with Article 6 the same procedures . The Member States and the Commission shall cooperate closely to ensure that this Regulation is complied with. Article 4
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