Official Journal of the European Communities No L 375 / 1131 . 12 . 86
COUNCIL REGULATION (EEC) No 4020 / 86
of 16 December 1986
opening, allocating and providing for the administration of a Community tariff quota for
certain magnesium grades falling within subheading ex 77.01 A of the Common Customs
Tariff
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 % ofmanganese , fallingwithin
subheading ex 77.01 A of the Common Customs Tariff, for
use in the manufacture of raspings for the nuclear fuel
industry shall be totally suspended within the limit of a
Community tariff quota of 300 tonnes .
2 . Within the limit of this tariff quota , Spain and Portugal
shall apply customs duties calculated in accordance with the
relevant provisions laid down by the Act of Accession .
3 . Control of the use of the products for their specifically
determined purpose shall be carried out pursuant to the
relevant Community provisions .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 28
thereof,
Whereas production in the Community of certain extra pure
grades of magnesium intended for use in the nuclear industry
falling within subheading ex 77.01 A of the Common
Customs Tariff is currently unable to meet the specific
requirements of the user industries in the Community ;
whereas , consequently , Community supplies of products of
this type currently depend on imports from third countries ;
whereas the Community requirements for the product in
question should be met immediately on the most favourable
terms ; whereas a nil duty Community tariff quota should
therefore be opened within the limits of an appropriate
amount and for a period until 31 July 1987 ; whereas , in
order not to jeopardize the balance of the market for this
product , the volume of the Community tariff quota should be
fixed at 300 tonnes ;
Whereas it is necessary , in particular , to ensure to all
Community importers equal and uninterrupted access to the
abovementioned quota and uninterrupted application of the
rates laid down for that quota to all imports of the products
concerned into all Member States until the quota has been
used up ; whereas , however , since the quota is to cover
requirements which cannot be determined with sufficient
accuracy , it seems possible to avoid allocating it among the
Member States , without prejudice to the drawing against the
quota volume of such quantities as they may need , under
conditions and according to a procedure to be specified ;
whereas this method of management requires close
cooperation between the Member States and the
Commission and the latter must in particular be able to
monitor the rate at which the quota is used up and inform the
Member States thereof;
Whereas , since the Kingdom of Belgium , the Kingdom of the
Netherlands and the Grand Duchy ofLuxembourg are united
within and jointly represented by the Benelux Economic
Union , all transactions concerning the administration of
shares allocated to that economic union may be carried out
by any one of its members ,
Article 2
1 . If an importer notifies an imminent importation of the
product in question in a Member State and requests the
benefit of the quota , the Member State concerned shall
inform the Commission and draw an amount corresponding
to these requirements to the extent that the available balance
of the reserve permits this .
2 . The shares drawn pursuant to paragraph 1 shall be
valid until the end of the quota period .
Article 3
1 . Member States shall take all appropriate measures to
ensure that their drawings pursuant to Article 2 ( 1 ) are
carried out in such a way that imports may be charged
without interruption against their accumulated shares of the
Community quota .
2 . Each Member State shall ensure that importers of the
said goods have access to the quota so long as the residual
balance of the quota volume allows this .
3 . Member States shall charge imports of the said goods
against their drawings as and when the goods are entered for
free circulation .
4 . The extent to which the quota has been used up shall be
determined on the basis of the imports charged in accordance
with paragraph 3 .
HAS ADOPTED THIS REGULATION:
Article 1
1 . From 1 January to 31 July 1987 , the Common
Customs Tariff duty for unwrought magnesium having a
purity of not less than 99,95% in the form of billets
Article 4
At the request of the Commission , Member States shall
inform it of imports actually charged against the quota .
31 . 12 . 86No L 375 / 12 Official Journal of the European Communities
Article 6
This Regulation shall enter into force on 1 January 1987 .
Article 5
The Member States and the Commission shall collaborate
closely in order to ensure that this Regulation is complied
with .
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels , 16 . December 1986 .
For the Council
The President
G. HOWE
Full & Egal Universal Law Academy