NoL292/14 Official Journal oftheEuropean Communities 12.11.75
REGULATION (EEC )No 2881/75OFTHE COUNCIL
of29October 1975
ontheopening ,allocation andadministration ofaCommunity tariff quota forferro­
silico-manganese ,falling within subheading 73.02 DoftheCommon Customs Tariff
THE COUNCIL OFTHE EUROPEAN COMMUNITIES ,
Having regard tothe Treaty establishing the
European Economic Community ,and inparticular
Article 113thereof ;1972 1973 1974
Benelux 10-80 16-63 18-41
Denmark 1-69 0 0
Germany 55-24 62-49 58-88
France 0-43 0-92 0-46
Ireland 0-01 0 0
Italy 15-26 15-94 19-61
United Kingdom 16-57 4-02 2-64 ;Having regard totheproposal from theCommission ;
Whereas ,inview ofthese factors and ofmarket
forecasts forferro-silico-manganese for 1976 ,the
initial percentage shares inthequota volume may
beexpressed roughly asfollows :Whereas ,asregards ferro-silico-manganese ,falling
within subheading 73.02 D,theEuropean Economic
Community hasundertaken toopen anannual duty-
free Community tariff quota of50000 metric tons ;
whereas thetariff quota inquestion should therefore
beopened on1January 1976 and allocated among
theMember States ;whereas theduties tobeapplied
bythenew Member States within this tariff quota
must comply with therelevant provisions oftheAct
ofAccession ;Benelux
Denmark
Germany
France
Ireland
Italy
United Kingdom8-33
0-62
82-20
0-10
1-04
3-54
4-17 ;Whereas equal and continuous access tothequota
should beensured forallCommunity importers and
therate ofduty for the tariff quota should be
applied consistently toallimports until thequota
isused up;whereas inthelight oftheprinciples
outlined above ,arrangements fortheuntilization of
theCommunity tariff quota based onanallocation
among Member States would seem tobeconsistent
with theCommunity nature ofthequota ;whereas ,
inorder that itmay correspond asclosely aspossible
totheactual market trends inthe product in
question ,allocation ofthe quota should bein
proportion totherequirements oftheMember States
ascalculated byreference tostatistical data on
imports from third countries during arepresentative
reference period and totheeconomic prospects for
thequota period inquestion ;Whereas ,totake account offuture trends inimports
oftheproduct inquestion ,thequota should be
divided into two tranches ,thefirst being allocated
and thesecond forming areserve intended tocover
anysubsequent requirements ofMember States which
have used uptheir initial share ;whereas ,inorder
toensure acertain degree ofsecurity forimporters ,
thefirst tranche ofthe Community tariff quota
should besetatarelatively high level which ,inthis
case ,might be96% ofthevolume ofthequota ;
Whereas Member States may use uptheir initial *
shares atdifferent rates ;whereas toprovide forthis
eventuality andtoavoid disruption ofsupplies ,any
Member State which hasalmost used upitsinitial
share should draw anadditional share from the
reserve ;whereas each time itsadditional share is
almost used up,aMember State should draw a
further share ,and soonasmany times asthe
reserve allows ;whereas the initial and additionalWhereas ,during thelast three years for which
statistics are fully available ,the corresponding
imports into each oftheMember States represented
thefollowing percentages ofthetotal imports of
theproduct inquestion :

12.11.75 Official Journal oftheEuropean Communities NoL292/15
inmetric tons
4000
300
39450
50
500
1700
2000 .Benelux
Denmark
Germany
France
Ireland
Italy
United Kingdomshares should bevalid until theend ofthequota
period ;whereas thisform ofadministration requires
close collaboration between Member States and the
Commission ,which latter must ,inparticular ,be
able tokeep arecord oftheextent towhich the
quota hasbeen used upandtoinform theMember
States accordingly ;
Whereas if,atagiven date inthequota period ,a
considerable quantity ofaMember State 'sinitial
share remains unused ,itisessential that that
Member State should return asignificant proportion
tothereserve ,soastoavoid apart ofthequota
remaining unused inone Member State when it
could beused inothers ;
Whereas ,since theKingdom ofBelgium ,theKingdom
ofthe Netherlands and the Grand Duchy of
Luxembourg areunited within andjointly represented
bytheBenelux Economic Union ,any measure
concerning theadministration oftheshares allocated
tothat Economic Union may becarried outbyany
oneofitsmembers ,2.The second tranche of2000 metric tons shall
constitute thereserve .
HAS ADOPTED THIS REGULATION :Article 3
1.If90% ormore ofaMember State 'sinitial share
asfixed inArticle 2(1),orofthat share minus any
portion returned tothereserve where Article 5has
been applied ,hasbeen used Up,that Member State
shall forthwith ,bynotifying theCommission ,draw
asecond share ,totheextent that the reserve so
permits ,equal to10% ofitsinitial share ,rounded
upasnecessary tothenext whole number .
2.If,after itsinitial share hasbeen used up,90%
ormore ofthesecond share drawn byaMember
State has been used up,that Member State shall
forthwith ,inthemanner andtotheextent provided
inparagraph 1,draw athird share equal to5% of
itsinitial share ,rounded upasnecessary tothenext
whole number .
3.If,after itssecond share hasbeen used up,90%
ormore ofthethird share drawn byaMember State
hasbeen used up,that Member State shall forthwith ,
inaccordance with the same conditions ,draw a
fourth share equal tothethird .
This process shall apply until thereserve isused up.
4.Byway ofderogation from paragraphs 1,2and
3,Member States may draw lesser shares than those
specified therein ifthere aregrounds forbelieving
that those specified may notbeused up.They shall
inform theCommission oftheir reasons forapplying
thisparagraph .
Article 4
Additional shares drawn pursuant toArticle 3shall
bevalid until 31December 1976 .Article 1
1.During theperiod 1January to31December
1976 aCommunity tariff quota of50000 metric
tons shall beopened intheCommunity forferro­
silico-manganese falling within subheading 73.02 D
oftheCommon Customs Tariff .
2.Imports oftheproduct inquestion may not be
charged against thistariff quota ifthey arealready
free ofcustoms duties under other preferential tariff
arrangements .
3.Within this tariff quota ,theCommon Customs
Tariff duty shall betotally suspended .
4.Within thistariff quota ,thenew Member States
shall apply duties calculated inaccordance with the
relevant provisions oftheActofAccession .
Article 2
1.Afirst tranche of48000 metric tons ofthis
Community tariff quota shall beallocated among
theMember States .Member States 'shares which ,
subject toArticle 5,shall bevalid from 1January to
31December 1976 ,shall beasfollows :Article 5
Member States shall return tothereserve ,notlater
than 1October 1976 ,theunused portions oftheir
initial shares which ,on15September 1976 ,arein

NoL292/16 Official Journal oftheEuropean Communities 12.11.75
excess of20% oftheinitial amounts .They may
return agreater portion ifthere aregrounds for
believing thatsuch portion may notbeused up.
Member States shall notify the Commission ,not
later than 1October 1976 ,ofthetotal quantities of
theproduct inquestion imported uptoandincluding
15 September 1976 and charged against the
Community quota and ofanyportion oftheir initial
shares returned tothereserve .
Article 6
The Commission shall keep anaccount oftheshares
opened bytheMember States pursuant toArticles
2and 3and,assoon asithasbeen notified ,shall
inform each State oftheextent towhich thereserve
hasbeen used up.
Itshall inform theMember States ,not later than
5October 1976 ,oftheamount still inreserve after
amounts have been returned thereto pursuant to
Article 5.
Itshall ensure that thedrawing which exhausts the
reserve does not exceed thebalance available and,
tothisend,shall notify theamount ofthat balance
totheMember State making thelastdrawing .
Article 7
1.Member States shall take allappropriate measures
toensure that additional shares drawn pursuant to
Article 3areopened insuch away that imports maybe charged without interruption against their
aggregate shares oftheCommunity quota .
2.Member States shall ensure that importers ofthe
product inquestion established intheir territory have
free access totheshares allocated tothem .
3.Member States shall charge imports ofthe
product inquestion against their shares asandwhen
theproduct isentered with thecustoms authorities
forhome use.
4.The extent towhich aMember State has used
upitsshare shall bedetermined onthebasis of
theimports charged inaccordance with paragraph 3.
Article 8
AttheCommission 'srequest ,Member States shall
inform itoftheimports actually charged against
their shares .
Article 9
Member States and theCommission shall cooperate
closely toensure that this Regulation iscomplied
with .
Article 10
This Regulation shall enter into force on1January
1976 .
This Regulation shall bebinding initsentirety and directly applicable inallMember
States .
 
Done atLuxembourg ,29October 1975 .
For the Council
The President
G.MARCORA