CELEX: 31974R2090
Language: en
Date: 1974-08-02 00:00:00
Title: Regulation (EEC) No 2090/74 of the Council of 2 August 1974 on the opening, allocation and administration of an autonomous Community tariff quota for 1974 for ferro-chromium containing not more than 0.10 % by weight of carbon and more than 30 % but not exceeding 90 % by weight of chromium (super-refined ferro-chromium) falling within subheading ex 73.02 E I of the Common Customs Tariff

No L 218 /8                          Official Journal of the European Communities                                 9 . 8 . 74
                             REGULATION ( EEC) No 2090/74 OF THE COUNCIL
                                                    of 2 August 1974
             on the opening , allocation and administration of an autonomous Community
             tariff quota for 1974 for ferro-chromium containing not more than 010 % by
             weight of carbon and more than 30 % but not exceeding 90 % by weight of chro­
             mium (super-refined ferro-chromium) falling within subheading ex 73.02 E I of
                                              the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                     Whereas, on the basis of statistics available at the time
COMMUNITIES,                                                    and allowing for the foreseeable development of the
                                                                market in the product concerned during the current
Having regard to the Treaty establishing the European          ^ear, the tariff quota of 3 000 metric tons opened by
                                                                Regulation (EEC) No 3589/73 was allocated in the
Economic Community, and in particular Article 28
thereof ;
                                                                following percentages :
Having regard to the draft Regulation submitted by                          Benelux                          5-66
the Commission ;                                                            Denmark                          0-34
                                                                            Germany                          6-17
                                                                            France                           0-34
Whereas as regards ferro-chromium containing by                             Ireland                          0-01
weight not more than 0-10 % of carbon and more                              Italy                           84-14
than 30 % but not exceeding 90 % of chromium                                United Kingdom                   3-34
(super-refined     ferro-chromium)        falling   within
subheading ex 73.02 E I of the Common Customs
Tariff, a conventional duty-free Community Tariff
quota of 3 000 metric tons has been opened by the               Whereas, since the quota is an autonomous Commu­
Council for 1974 and allocated among the Member                 nity tariff quota intended to cover additional import
States by Regulation ( EEC) No 3589 / 73 (') ;                  needs arising in the Community, the allocation of the
                                                                additional share may be made on the basis of the
Whereas, bearing in mind present Community produc­              actual needs expressed by each of the Member States
tion capacity, the abovementioned quota will not                whereas Denmark, France, the United Kingdom ,
cover the entire Community import requirements of               Germany, the three Member States comprising the
this product from third countries ; whereas it is there­        Benelux Economic Union and Italy have stated that
fore desirable, in order that Community development             they require further supplies of 90, 7 000, 6 900,
prospects of the production sector concerned should             4 000, 1 685 and 2 000 metric tons respectively ;
not be affected, that an autonomous Community tariff            whereas in the case of Ireland it has not used up
quota limited to 25 000 metric tons be opened ;                 enough of its share of the initial quota, according to
whereas, for the same reasons, the quota duty appli­            the most recently available economic information and
cable should be fixed at 5-5 % ;                                statistics, to justify its participation at present in the
                                                                proposed increase in the tariff quota ; whereas, more­
                                                                over, should additional needs arise subsequently in
Whereas equal and continuous access to the quota                that Member State it may have recourse to the proce­
should be ensured for all Community importers and               dure set up under Article 3 of this Regulation ;
the rate of duty for the tariff quota should be applied         whereas this system of allocation also ensures the
consistently to all imports until the quota is                  uniform application of the Common Customs Tariff ;
exhausted ; whereas, in the light of these principles,
arrangements for the utilization of the tariff quota
based on an allocation among Member States would
seem to be consistent with the Community nature of              Whereas, to take account of future import trends for
the quota ; whereas, to correspond as closely as                the product concerned, the quota should be divided
possible to the actual trend of the market - in the             into two tranches, the first being allocated among the
product in question , allocation of the quota should be         Member States concerned and the second held as a
in proportion to the requirements of the Member                 reserve to cover subsequently the requirements of
States as calculated by reference to the statistics of          Member States which have exhausted their new shares
imports from third countries during a representative            and any additional requirements which might arise in
reference period and to the economic outlook for the            Ireland ; whereas, to give importers some degree of
quota period in question ;                                      certainty, the first tranche of the tariff quota should be
                                                                fixed at a relatively high level which could be 22 500
(') OJ No L 365, 31 . 12 . 1973 , p. 34 .                       metric tons ;
 ---pagebreak--- 9 . 8 . 74                         Official Journal of the European Communities                           No L 218 / 9
Whereas Member States may exhaust their initial                                        Article 2
shares at different rates ; whereas to avoid disruption
of supplies on this account it should be provided that        1.     A first tranche of 22 500 metric tons of this
any Member State which has almost used up its initial         Community tariff quota shall be allocated among
share should draw an additional share from the                certain Member States ; the shares, which subject to
reserve ; whereas each time its additional share is           Article 6 shall be valid until 31 December 1974, shall
almost exhausted a Member State should draw a                 be as follows :
further share, and so on as many times as the reserve
allows ; whereas the initial and additional shares                       Benelux            1 540 metric tons
should be valid until the end of the quota period ;                      Denmark               85 metric tons
whereas this form of administration requires close                       Germany            6 160 metric tons
collaboration between the Member States and the                          France             6 400 metric tons
Commission , and the Commission must be in a posi­                       Italy              2 000 metric tons
tion to keep account of the extent to which the quotas                   United Kingdom 6 315 metric tons .
have been used up and to inform the Member States
accordingly ;                                                 2.    The second tranche of 2 500 metric tons shall
                                                              constitute a reserve .
Whereas if at a given date in the quota period a
considerable quantity of a Member State's initial share
remains unused it is essential that such State should                                  Article 3
return a significant proportion thereof to the reserve,
in order to prevent a part of a Community quota from          Should the product mentioned in Article 1 be
remaining unused in one Member State while it could           required in Ireland, that Member State shall draw a
be used in others ;                                           sufficient share from the reserve to the extent that the
                                                              reserve so permits .
Whereas, since the Kingdom of Belgium , the
Kingdom of the Netherlands and the Grand Duchy of
                                                                                       Article 4
Luxembourg are united within and jointly represented
by the Benelux Economic Union, any measure
concerning the administration of the shares allocated         1.     As soon as on£ of the Member States referred to
to that Economic Union may be carried out by one of           in Article 2 has used 90 % or more of its initial share
its members,                                                  as fixed in Article 2 ( 1 ), or of that share minus any
                                                              portion returned to the reserve pursuant to Article 6,
                                                              it shall forthwith , by notifying the Commission , draw
                                                              a second share , to the extent that the reserve so
                                                              permits, equal to 10 % of its initial share rounded up
                                                              as necessary to the next whole number.
HAS ADOPTED THIS REGULATION :
                                                              2.     As soon as one of the Member States , after
                                                              exhausting its initial share, has used 90 % or more of
                                                              the second share drawn by it, that Member State shall
                        Article 1
                                                              forthwith , in the manner and to the extent provided
                                                              in paragraph 1 , draw a third share equal to 5 % of its
                                                              initial share .
1.      From the date of entry into force of this Regula­
tion until 31 December 1974, a tariff quota of 25 000
metric tons shall be opened within the Community in           3.     As soon as one of the Member States , after
respect of ferro-ch'romium containing by weight not           exhausting its second share, has used 90 % or more of
more than 0-10 % of carbon and more than 30 % but             the third share drawn by it, that Member State shall ,
not exceeding 90 % of chromium (super-refined ferro­          forthwith and in accordance with the same conditions ,
chromium) falling within subheading ex 73.02 E I of           draw a fourth share equal to the third .
the Common Customs Tariff.
                                                              It shall continue in this fashion until the reserve is
                                                              exhausted .
2.      Within this quota, the Common Customs Tariff
duty shall be suspended at 5-5 % in respect of import­
ations .                                                      4.     By way of derogation from paragraphs 1 to 3 , the
                                                              Member States may draw shares lower than those
                                                              specified in those paragraphs if there are grounds for
3 . Within this quota , new Member States shall               believing that those specified may not be used in full .
apply duties calculated in accordance with the rele­          Any Member State applying this paragraph shall
vant provisions of the Act of Accession .                     inform the Commission of its grounds for so doing.
 ---pagebreak--- No L 218 / 10                           Official Journal of the European Communities                               9 . 8 . 74
                            Article 5                                                      Article 8
Additional shares drawn pursuant to Article 4 shall be             1.    The Member States shall take all appropriate
valid until 31 December 1974.                                      measures   to    ensure  that  additional shares    drawn
                                                                   pursuant to either Article 3 or Article 4 are opened in
                            Article 6                              such a way that importations may be charged without
                                                                   interruption against their accumulated shares of the
Any Member State referred to in Article 2 which on
15 October 1974 has not exhausted its initial share                relevant quota .
shall not later than 10 November 1974 return to the
                                                                   2.    The Member States shall ensure that importers
reserve the unused portion in excess of 20 % of the                of the product in question ' established in their terri­
initial amount. It may return a greater portion if there           tories have free access to the shares allocated to them .
are grounds for believing that such portion may not
be used in full .                                                  3.    The extent to which the Member States have
Those      Member      States   shall , not   later    than    10  used up their shares shall be determined on the basis
November 1974, notify the ConYmission of the total                 of the importations of the product in question entered
                                                                   for home use .
quantities of the product in question imported up to
and including 15 October 1974 and charged against
the Community quota and of any portion of their                                            Article 9
initial shares returned to the reserve .
                                                                   The Member States shall notify the Commission at
                            Article 7
                                                                   regular intervals of the importations charged against
                                                                   their shares .
The Commission shall keep an account of the shares
opened by the Member States pursuant to Articles 2, 3
and 4 and shall , as soon as the information reaches it,
                                                                                           Article 10
inform each State of the extent to which the reserve
has been used up .                                                 The Member States and the Commission shall co­
It shall , not later than 15 November 1974, inform the             operate closely to ensure that this Regulation is
Member       States   of   the   amounts     still  in    reserve  complied with .
following any return of shares pursuant to Article 6.
It shall ensure that when an amount exhausting one                                         Article 11
of the reserve is drawn the amount so drawn does not
exceed the balance available, and to this end shall                This Regulation shall enter into force on the seventh
notify the amount of that balance to the Member State              day following its publication in the Official Journal
making the last drawing.                                            of the European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 2 August 1974.
                                                                               For the Council
                                                                                  The President
                                                                                B. DESTREMAU