CELEX: 31974R2423
Language: en
Date: 1974-09-23 00:00:00
Title: Regulation (EEC) No 2423/74 of the Council of 23 September 1974 on the opening, allocation and administration of a Community tarff quota for ferro-silicon, falling within subheading 73.02 C of the Common Customs Tariff

No L 261 / 16                        Official Journal of the European Communities                                27. 9 . 74
                              REGULATION (EEC) No 2423/74 OF THE COUNCIL
                                                    of 23 September 1974
               on the opening, allocation and administration of a Community tariff quota for
                ferro-silicon , falling within subheading 73.02 C of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                     Whereas, in view of these factors and of market fore­
COMMUNITIES,                                                    casts for ferro-silicon for 1975, the percentage shares
                                                                in the quota volume can be expressed roughly as
                                                                follows :
Having regard to the Treaty establishing the European                 Benelux                                   64-75
Economic Community, and in particular Article 113                     Denmark                                    0-75
thereof :
                                                                      Germany                                   15-00
                                                                      France                                     0-25
                                                                      Ireland                                     1-25
Having regard to the proposal from the Commission ;                   Italy                                      4-25
                                                                      United Kingdom                            13-75
Whereas, as regards ferro-silicon, falling within               Whereas, since this tariff quota is for a relatively small
subheading 73.02 C, the European Economic Commu­                quantity, it seems possible to provide for a system of
nity has undertaken to open an annual duty-free                 use based on only one allocation and at the same time
Community tariff quota of 20 000 metric tons ;                  preserve the Community nature of the quota ; whereas
whereas the tariff quota concerned should therefore be          such an allocation may therefore be based on the
opened on 1 January 1975 and allocated among the                percentage figures shown in the table above ;
Member States ; whereas the duties to be applied by
the new Member States within the tariff quota must              Whereas, since the Kingdom of Belgium, the
comply with the relevant provisions of the Act of               Kingdom of the Netherlands and the Grand Duchy of
Accession ;                                                     Luxembourg are united within and jointly represented
                                                                by the Benelux Economic Union, any measure
                                                                concerning the administration of the shares allocated
Whereas arrangements for the utilization of the                 to that Economic Union may be carried out by any
Community tariff quota based on an allocation among             one of its members,
Member States would seem to be consistent with the
Community nature of the quota ; whereas, in order
that it may correspond as closely as possible to the
actual trend of the market in the product in question,          HAS ADOPTED THIS REGULATION :
allocation of the quota should be in proportion to the
requirements of the Member States as calculated by
reference to statistics of imports from third countries
during a representative reference period and to the                                       Article 1
economic outlook for the quota period in question ;
                                                                 1.    During the period from 1 January to 31
                                                                December 1975 a Community tariff quota of 20 000
Whereas, during the past three years for which statis­          metric tons shall be opened in the Community for
tics are fully available, the corresponding imports into        ferro-silicon , falling within subheading 73.02 C of the
                                                                Common Customs Tariff.
each of the Member States represented the following
percentages of the total imports of the product in
question :                                                      2.    Imports of the product in question shall not be
                                                                counted under this tariff quota if they are already free
                                        1971    1972   1973
                                                                of customs duties under other preferential tariff treat­
                                                                ment applied by certain Member States, in particular
Benelux                              20-85    1 5-69   20-33
                                                                under free trade arrangements .
Denmark                                0-31     2-02    0-64
Germany                              49-77   49-74     61-60    3 . Within this tariff quota the Common Customs
France                                 0-10     0-31    0-33    Tariff duty shall be totally suspended .
Ireland                                0-02     0-65    0-00
Italy                                13-55      8-81   10-67    4. The new Member States shall also apply duty
United Kingdom                       1 5-40  22-78      6-44    exemptions within this quota.
 ---pagebreak--- 27. 9 . 74                        Official Journal of the European Communities                       No L 261 / 17
                       Article 2                            imports of the products in question entered with the
                                                            customs authorities for home use .
The Community tariff quota referred to in Article 1
shall be divided between Member States as follows :
                                                                                     Article 4
     Benelux                    12 950  metric tons
     Denmark                       150  metric tons         Member     States  shall  inform   the Commission   at
     Germany                     3 000  metric tons         regular intervals of the imports actually charged
     France                         50  metric tons         against their shares.
     Ireland                       250  metric tons
     Italy                         850  metric tons
                                                                                     Article 5
     United Kingdom              2 750  metric tons
                                                            Member States and the Commission shall cooperate
                       Article 3                            closely in order to ensure that this Regulation is
                                                            observed .
1 . Member States shall ensure that importers of the
product in question established in their territory have
free access to the shares allocated to them .                                        Article 6
2.    The extent to which a Member State has used up        This Regulation shall enter into force on 1 January
its share shall be determined on the basis of the            1975 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 23 September 1974.
                                                                        For the Council
                                                                          The President
                                                                        Ch . PONCELET