CELEX: 31985R3675
Language: en
Date: 1985-12-20 00:00:00
Title: Council Regulation (EEC) No 3675/85 of 20 December 1985 opening, allocating and providing for the administration of a Community tariff quota for ferro-silico-manganese, falling within subheading 73.02 D of the Common Customs Tariff (1986)

No L 354 / 40                             Official Journal of the European Communities                                       30 . 12 . 85
                                          COUNCIL REGULATION (EEC ) No 3675 / 85
                                                       of 20 December 1985
                opening, allocating and providing for the administration of a Community tariff quota for
                ferro-silico-manganese, falling within subheading 73.02 D of the Common Customs Tariff
                                                               ( 1986 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                                                   1982      1983         1984
                                                                        Benelux                             3,21      2,52         3,59
                                                                        Denmark                              0         0            0
                                                                        Germany                            49,14    73,83         74,88
Having regard to the Treaty establishing the European                   Greece                              0,14       0            0
Economic Community , and in particular Article 13                       France                             11,80      2,22         0,28
thereof,
                                                                        Ireland                              0         0            0
                                                                        Italy                              19,98     15,23        12,50
                                                                        United Kingdom                     15,73       6,20         8,75
Having regard to the proposal from the Commission ,
                                                                        Whereas , in view of the factors and of market forecasts for
Whereas , as regards ferro-silia>manganese falling within               ferro-silico-manganese for 198|6 the initial percentage
subheading 73.02 D , the European Economic Community                    shares in the quota volume can be expressed approximately
has undertaken to open an annual duty-free Community                    as follows :
tariff quota of 50 000 tonnes ; whereas this should however                     Benelux                                      3,13
be reduced to 18 550 tonnes to take account of the
                                                                                Denmark                                      0,01
traditional imports from EFTA countries which have been                         Germany                                    61,52
free of customs duty under the Agreements concluded with                        Greece                                       0,07
those countries ; whereas the tariff quota concerned should                     France                                       4,53
therefore be opened on 1 January 1986 and allocated                             Ireland                                      o,oi
among the Member States by providing for Spain's and                            Italy                                       18,04
Portugal's participation as from 1 March 1986 ; whereas                         United Kingdom                              12,69
this participation can initially be confined to the possible
application of Article 2 ( 3 );
                                                                        Whereas , to take account of future trends in imports of the
                                                                        product in question , the quota volume should be divided
                                                                        into two instalments , the first being allocated between the
Whereas equal and continuous access to the quota should                 Member States of the Community of Ten , and the second
be ensured for all importers and the rate of duty for the               forming a reserve intended to cover any subsequent
tariff quota should be applied consistently to all imports              requirements to Member States which have used up their
until the quota is used up ; whereas , in the light of the              initial share, as well as the requirements of the new
principles outlined above , arrangements for the utilization            Member States ; whereas , in order to give importers some
of the Community tariff quota based on an allocation                    degree of certainty , the first instalment of the tariff quota
among Member States would seem to be consistent with                    should be fixed at a high level , which in this case should be
the Community nature of the quota ; whereas , in order that             approximately 95% of the volume of the quota ;
it may correspond as closely as possible to the actual
market trends in the product in question , allocation of the
quota should be in proportion to the requirements of the                Whereas initial shares may be used up at different rates ;
Member States as calculated by reference to statistical data            whereas , to avoid disruption of supplies on this account , it
on. imports from third countries during a representative                should be provided that any Member State which has
reference period and to the economic prospects for the                  almost used up its initial share should draw and additional
quota period in question ;                                              share from the reserve ; whereas each time its additional
                                                                        share is almost used up a Member State should draw a
                                                                        further share , and so on as many times as the reserve
                                                                        allows ; whereas the initial and additional shares should be
Whereas , during the last three years for which complete                valid until the end of the quota period ; whereas this form
statistics are available , the corresponding imports into each          of administration requires close collaboration between the
of the Member States represented the following percentages              Member States and the Commission , which latter must be
of imports of the product in question from third countries,             in a position to keep account of the extent to which the
not benefiting from an equivalent preferential                          quotas have been used up and to inform the Member States
arrangement :                                                           accordingly ;
 ---pagebreak---  30 . 12 . 85                              Official Journal of the European Communities                               No L 354 / 41
 Whereas , if at a given date , in the quota period a                 or Portugal and requests the benefit of the quota , the
 considerable quantity of a Member State's initial share              Member State concerned shall inform the Commission and
 remains unused , it is essential that that Member State              draw an amount corresponding to these requirements to
 should return a significant proportion to the reserve , in           the extent that the available balance of the reserve permits
 order to avoid a part of the Community quota remaining               this .
 unused in one Member state when it could be used in
 others ;
                                                                                                 Article 3
 Whereas,                                                    of
 the Netherlands and the Grand Duchy of Luxembourg are                1.    If a Member State has used 90 % or more of its initial
 united within and jointly represented by the Benelux                 share as fixed in Article 2 ( 1 ), or of that share minus any
Economic Union , any measure concerning the                           portion returned to the reserve pursuant to Article 5 , it
 administration of the shares allocated to that economic              shall forthwith , by notifying the Commission , draw a
union may be carried out by any one of its members ,                  second share , to the extent that the reserve so permits ,
                                                                      equal to 10 % of it initial share rounded up as necessary to
                                                                      the next whole number .
 HAS ADOPTED THIS REGULATION :
                                                                      2 . If a Member State , after exhausting its initial share , has
                                                                      used 90 % or more of the second share drawn by it, that
                                                                      Member State shall forthwith , in the manner and to the
                            Article 1
                                                                      extent provided in paragraph 1 , draw a third share equal to
                                                                      5 % of its initial share rounded up as necessary to the next
 1 . From 1 January to 31 December 1986 a Community                   whole number .
 tariff quota of 18 550 tonnes shall be opened in the
 Community for ferro-silico-manganese falling within
 subheading 73.02 D of the Common Customs Tariff.                     3 . If a Member State , after exhausting its second share,
                                                                      has used 90 % or more of the third share drawn by it, that
 2 . Imports of the product in question may not be charged            Member State shall , in the manner and to the extent
 against this tariff quota if they are already free of customs        provided in paragraph 1 , draw a fourth share equal to the
 duties under other preferential tariff arrangements .                third .
3 . Within this quota the Common Customs Tariff duty                  This process shall apply until the reserve is used up .
 shall be totally suspended .
                                                                      4 . By way of derogation from paragraphs 1 , 2 and 3 , a
 4 . Within the limits of this tariff quota , Spain and               Member State may draw shares lower than those specified
 Portugal shall apply duties calculated in accordance with            in those paragraphs if there are grounds for believing that
 the relevant provisions in the 1985 Act of Accession .               those specified may not be used in full . Any Member State
                                                                      applying this paragraph shall inform the Commission of its
                                                                      grounds for so doing.
                           Article 2
1 . A first instalment of 17 650 tonnes of this Community
tariff quota shall be allocated among the Member States of                                       Article 4
the Community of Ten ; the shares , which subject to
Article 5 shall be valid from 1 January to 31 December                Additional shares drawn pursuant to Article 3 shall be valid
 1986 shall be as follows :                                           until 31 December 1986 .
                                                  (tonnes)
        Benelux                                       552
        Denmark                                         2
                                                                                                 Article 5
        Germany                                   10 858
        Greece                                         12
        France                                        800             Member States shall , not later than 1 October 1986 , return
        Ireland                                         2             to the reserve the unused portion of their initial share
        Italy                                       3 184             which , on 15 September 1986 , is in excess of 20 % of the
        United Kingdom                              2 240             initial volume . They may return a greater portion if there
                                                                      are grounds for believing that it may not be used in full .
2.   The second instalment of 900 tonnes shall constitute
the reserve .
                                                                      Member States shall , not later than 1 October 1986 , notify
                                                                      the Commission of the total quantities of the production in
                                                                      question imported up to and including 15 September 1986
3 . If, from 1 March 1986 , an importer notifies an                   and charged against the Community quota and of any
imminent importation of the product in question in Spain              portion of their initial shares returned to the reserve.
 ---pagebreak--- No L 354 / 42                              Official Journal of the European Communities                                30 . 12 . 85
                             Article 6                                without interruption against their aggregate shares of the
                                                                      Community quota .
Member States may restrict the charging of imports against
their shares to products for certain intended uses . In that          2 . Member States shall ensure that importers of the
case the Community provisions on the matter shall be                  product in question have free access to the shares allocated
applied for checking that the product has been used for the           to them .
stipulated purpose .
                                                                      3 . Member States shall charge imports of the product in
                                                                      question against their shares as and when the product is
                             Article 7                                entered with the customs authorities for free circulation .
The Commission shall keep an account of the shares                    4 . The extent to which a Member State has used up its
opened by the Member States pursuant to Article 2 and 3               shares shall be determined on the basis of the imports
and shall , as soon as the information reaches it, inform             charged in accordance with paragraph 3 .
each State of the extent to which the reserve has been used
up .
                                                                                                Article 9
It shall , not later than 5 October 1986 , inform the Member
States of the amount still in reserve , following any return of       At the Commission's request, Member States shall inform it
shares pursuant to Article 5 .                                        of the imports actually charged against their shares .
It shall ensure that the drawing which exhausts the reserve
does not exceed the balance available, and to this end shall
                                                                                               Article 10
notify the amount of that balance to the Member States
making the last drawing.
                                                                      The Member States and the Commission shall cooperate
                                                                      closely to ensure that this Regulation is complied with .
                             Article 8
1 . Member States shall take all appropriate measures to                                        Article 11
ensure that additional shares drawn pursuant to Article 3
are opened in such a way that imports may be charged                  This Regulation shall enter into force on 1 January 1986 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels , 20 December 1985 .
                                                                                          For the Council
                                                                                            The President
                                                                                              R. KRIEPS