CELEX: 31975R1801
Language: en
Date: 1975-07-10 00:00:00
Title: Regulation (EEC) No 1801/75 of the Council of 10 July 1975 on the opening, allocation and administration of an autonomous Community tariff quota for 1975 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

15 . 7 . 75                           Official Journal of the European Communities                         No L 184/ 15
                               REGULATION (EEC) No 1801 /75 OF THE COUNCIL
                                                       of 10 July 1975
              on the opening, allocation and administration of an autonomous Community
              tariff quota for 1975 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                                      reference period and to the economic outlook for the
COMMUNITIES,                                                     quota period in question ;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 28                Whereas, on the basis of statistics available at the time
thereof ;                                                        and allowing for the foreseeable development of the
                                                                 market in the product concerned during the current
Having regard to the draft Regulation submitted by               year, the tariff quota of 3 000 metric tons opened by
the Commission ;                                                 Regulation (EEC) No 2425/74 was allocated in the
                                                                 following percentages :
Whereas as regards ferro-chromium containing by
weight not more than 0-10 % of carbon and more                           Benelux                              5-66
than 30 % but not exceeding 90 % of chromium                             Denmark                              0-34
(super refined ferro-chromium) falling within                            Germany                              6-17
subheading ex 73.02 E I of the Common Customs                            France                               0-34
Tariff, a conventional duty free Community tariff                        Ireland                              001
quota of 3 000 metric tons has been opened by the ,                      Italy                               84-14
Council for 1975 and allocated among the Member                          United Kingdom                       3-34
States by Regulation (EEC) No 2425/75 (') ;
Whereas, bearing in mind present Community produc­               Whereas, since the quota is an autonomous Commu­
tion capacity, the abovementioned quota will not                 nity tariff quota intended to cover additional import
cover the entire Community import requirements of                needs arising in the Community, the allocation of the
this product from third countries ; whereas it is there­         additional share may be made on the basis of the
fore desirable, in order that Community development              actual needs expressed by each of the Member States ;
prospects of the production sector concerned should              whereas Denmark, France, the United Kingdom ,
not be affected , that an autonomous Community tariff            Germany, the three Member States comprising the
quota limited to 14 330 metric tons be opened ;                  Benelux Economic Union and Italy have stated that
whereas the fixing of the quota amount at this new               they require further supplies of 40 , 1 000 , 6 400,
level does not exclude a new adjustment in the course            3 000, 2 090 and 1 800 metric tons respectively ;
of the quota period ; whereas, for the same reasons,             whereas in the case of Ireland its drawings on its share
the quota duty applicable should be fixed at 5-5 % ;             of the initial quota opened by the abovementioned
                                                                 Regulation and the most recently available economic
                                                                 information and statistics do not justify its participa­
Whereas equal and continuous access to the quota                 tion at present in the proposed increase in the
should be ensured for all Community importers and                Community tariff quota ; whereas, moreover, should
the rate of duty for the tariff quota should be applied          additional needs arise subsequently in that Member
consistently to all imports until the quota is                   State it may have recourse to the procedure set up
exhausted ; whereas, in the light of these principles,           under Article 3 of this Regulation ; whereas this
arrangements for the utilization of the tariff quota             system of allocation also ensures the uniform applica­
based on an allocation among Member States would                 tion of the Common Customs Tariff ;
seem to be consistent with the Community nature of
the quota ; whereas to correspond as closely as
possible to the actual trend of the market in the
product in question , allocation of the quota should be          Whereas, to take account of future import trends for
in proportion to the requirements of the Member                  the product concerned, the quota should be divided
States as calculated by reference to the statistics of           into two tranches, the first being allocated among the
imports from third countries during a representative             Member States concerned and the second held as a
                                                                 reserve to cover subsequently the requirements of
(') OJ No L 261 , 27 . 9 . 1974, p. 21 .                         Member States which have exhausted their new shares
 ---pagebreak--- No L 184/ 16                         Official Journal of the European Communities                                15 . 7 . 75
and any additional requirements which might arise in                                      Article 2
Ireland ; whereas, to give importers some degree of
certainty, the first tranche of the tariff quota should be      1.     A first tranche of 1 1 500 metric tons of this
^ xed at a relatively high level which could be 1 1 500         Community tariff quota shall be allocated among
 netric tons ;                                                 certain Member States ; the shares, which subject to
                                                               Article 6 shall be valid until 31 December 1975, shall
Whereas Member States may exhaust their initial                be as follows :
shares at different rates ; whereas to avoid disruption
of supplies on this account it should be provided that                   Benelux                 1 677 metric tons,
any Member State which has almost used up its initial                    Denmark                    32 metric tons,
share    should  draw    an   additional  share  from   the              Germany                 2 408 metric tons,
reserve ; whereas each time its additional share is                      France                    803 metric tons,
almost    exhausted    a  Member State     should   draw a               Italy                   1 444 metric tons,
further share, and so on as many times as the reserve                    United Kingdom          5 136 metric tons .
allows ; whereas the initial and additional shares
should be valid until the end of the quota period ;             2.     The second tranche of 2 830 metric tons shall
whereas this form of administration requires close              constitute a reserve .
collaboration   between     the  Member States     and  the
Commission , and the Commission must be in a posi­
tion to keep account of the extent to which the quotas                                    Article 3
have been used up and to inform the Member States
accordingly ;
                                                                Should the product mentioned in Article 1 be
Whereas if at a given date in the quota period a                required in Ireland, that Member State shall draw a
considerable quantity of a Member State's initial share         sufficient share frotn the reserve to the extent that the
remains unused it is essential that such State should           reserve so permits.
return a significant proportion thereof to the reserve,
in order to prevent a part of a Community quota from
remaining unused in one Member State while it could                                       Article 4
be used in others ;
                                                                1.     As soon as one of the Member States referred to
Whereas, since the Kingdom of Belgium , the                     in Article 2 has used 90 % or more of its initial share
Kingdom of the Netherlands and the Grand Duchy of               as fixed in Article 2 ( 1 ), or of that share minus any
Luxembourg are united within and jointly represented            portion returned to the reserve pursuant to Article 6,
by the Benelux Economic Union, any measure                      it. shall forthwith , by notifying the Commission , draw
concerning the administration of the shares allocated           a second share, to the extent that the reserve so
to that Economic Union may be carried out by one of             permits, equal to 10 % of its initial share rounded up
its members,                                                    as necessary to the next whole number.
                                                                2.     As soon as one of the Member States, after
HAS ADOPTED THIS REGULATION :
                                                                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 extent provided
                          Article 1
                                                                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
                                                                3.     As soon as one of the Member States, after
tion until 31 December 1975 a tariff quota of 14 330
metric tons shall be opened within the Community in             exhausting its second share, has used 90 % or more of
respect of ferro-chromium containing by weight not              the third share drawn by it, that Member State shall,
more than 0-10 % of carbon and more than 30 % but               forthwith and in accordance with the same conditions,
not exceeding 90 % of chromium (super refined ferro­            draw a fourth share equal to the third .
chromium) falling within subheading ex 73.02 E I of
the Common Customs Tariff.                                      It shall continue in this fasion until the reserve is
                                                                exhausted .
2. Within this quota, the Common Customs Tariff
duty shall be suspended at 5-5 % in respect of impor­           4.     By way of derogation from paragraphs 1 to 3, the
tations .                                                       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--- 15 . 7 . 75                             Official Journal of the European Communities                         No L 184/ 17
                            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 1975 .
                                                                  measures    to    ensure  that  additional shares drawn
                                                                  pursuant to either Article 3 or 4 are opened in such a
                            Article 6                             way that importations may be charged without inter­
The Member States referred to in Article 2 shall, not             ruption against their accumulated shares of the rele­
later than 1 November 1975, return to the reserve the             vant quota.
unused portion of their initial share which, on 15                2. The Member States shall ensure that importers
October 1975, is in excess of 20 % of the initial
                                                                  of the product in question established in their territo­
volume. They may return a greater portion if there are            ries have free access to the shares allocated to them .
grounds for believing that it may not be used in full .
Those      Member       States  shall ,  not    later  than    1  3.      The extent to which the Member States have
November 1975, notify the Commission of the total                 used up their shares shall be determined on the basis
quantities of the product in question imported up to              of the importations of the product in question entered
                                                                  for home use .
and including 15 October 1975 and charged against
the Community quota and of any portion of their
initial shares returned to the reserve .
                                                                                           Article 9
                            Article 7
                                                                  At the request of the Commission, the Member States
The Commission shall keep an account of the shares                shall inform it of importations charged against their
                                                                  shares .
opened by the Member States pursuant to Articles 2, 3
and 4 and shall, as soon as the information reaches it,
inform each State of the extent to which the reserve
                                                                                           Article 10
has been used up.
It shall , not later than 5 November 1975, inform the             The Member States and the Commission shall coop­
Member      States   of    the   amounts     still  in   reserve  erate closely to ensure that this Regulation is
following any return of shares pursuant to Article 6.             complied with.
It shall ensure that when an amount exhausting one
of the reserves is drawn the amount so drawn does not                                      Article 11
exceed the balance available, and to this end shall
notify the amount of that balance to the Member State             This Regulation shall enter into force on 1 August
making the last drawing.                                           1975 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 10 July 1975.
                                                                               Fur the Council
                                                                                The President
                                                                                 E. COLOMBO