No L 375 / 7
31 . 12 . 86 Official Journal of the European Communities
COUNCIL REGULATION (EEC) No 4018 / 86
of 16 December 1986
opening, allocating and providing for the administration of a Community tariff quota for
certain polyethylene terephtalate films falling within subheading ex 39.01 C III a ) of the
Common Customs Tariff
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 of Luxembourg 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 ,
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 28
thereof,
Whereas the production of polyethylene terephtalate film ,
having a thickness of not less than 22 and not more than 25
micrometres , in currently insufficient in the Community to
meet the requirements of the user industries in the
Community ; whereas , consequently Community supplies of
products of this type currently depend to a considerable
extent on imports from third countries ; whereas it is in the
Community's interest to suspend partially the Common
Customs Tariff duty for the products in question , within the
Community tariff quota , of an appropriate volume for a
relatively limited period ; whereas , in order not to call into
question the development prospects of this production in the
Community while ensuring an adequate supply to satisfy user
industries , it is advisable to limit the benefits of the tariff
quota to products used for the manufacture of magnetic
cassette tapes , to open this quota free of duty from 1 January
to 30 June 1987 and to fix the volume at 850 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
HAS ADOPTED THIS REGULATION :
Article 1
1 . From 1 January to 30 June 1987 the common customs
duty applicable on import of the products mentioned below
shall be suspended at the level and within the limit of the
Community tariff quota indicated for each :
Order .
No
CCT
heading No
Description
Quota
volume
(tonnes )
Quota
duty
(% )
09.1939 ex 39.01 C III a ) Polyethylene terephtalate film , having a thickness of not
less than 22 and not more than 25 micrometers for use
in the manufacture of magnetic cassette tapes 850 0
inform the Commission and draw an amount corresponding
to these requirements to the extent that the available balance
of the reserve permits this .
3 . The shares drawn pursuant to paragraph 2 shall be
valid until the end of the quota period .
Within the limit of this tariff quota , the Kingdom of Spain
and the Portuguese Republic shall apply customs duties
calculated in accordance with the relevant provisions laid
down by the Act of Accession of Spain and Portugal .
Control of the use of the products for the particular purpose
laid down shall be carried out by applying the relevant
Community provisions .
2 . 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
Article 2
1 . Member States shall take all appropriate measures to
ensure that their drawings pursuant to Article 1 ( 2 ) are
No L 375 / 8 Official Journal of the European Communities 31 . 12 . 86
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 .
Article 3
At the request of the Commission , Member States shall
inform it of imports actually charged against the quota .
Article 4
The Member States and the Commission shall collaborate
closely in order to ensure that this Regulation is complied
with .
Article 5
This Regulation shall enter into force on 1 January 1987 .
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