CELEX: 31976R2717
Language: en
Date: 1976-10-25 00:00:00
Title: Council Regulation (EEC) No 2717/76 of 25 October 1976 on the opening, allocation and administration of a Community tariff quota for ferro-silico-manganese falling within subheading 73.02 D of the Common Customs Tariff

15 . 11 . 76                       Official Journal of the European Communities                              No L 313/9
                                  COUNCIL REGULATION (EEC) No 2717/76
                                                 of 25 October 1976
              on the opening, allocation and administration of a Community tariff quota for
              ferro-silico-manganese falling within subheading 73.02 D of the Common Customs
                                                         Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                        1973      1974     1975
                                                               Benelux                          16-63   18-41     11-00
                                                               Denmark                           0        0        0
                                                                Germany                         62-49   58-88     71-52
Having regard to the Treaty establishing the
European Economic Community, and in particular                  France                           0-92     0-46     0-58
Article 113 thereof,                                            Ireland                          0        0        0-04
                                                                Italy                           15-94    19-61    14-04
Having regard to the proposal from the Commission,              United Kingdom                   4-02     2-64     2-82
                                                                Whereas, in view of these factors and of market
Whereas, as regards ferro-silico-manganese falling              forecasts for ferro-silico-manganese for 1977, the
within subheading 73.02 D, the European Economic                initial percentage shares in the quota volume may
Community has undertaken to open an annual duty­                be expressed roughly as follows:
free Community tariff quota of 50 000 metric tons ;
whereas the tariff quota in question should therefore                   Benelux                             14-47
be opened on 1 January 1977 and allocated among                         Denmark                            . 0-62
the Member States ;
                                                                        Germany                             76-06
                                                                        France                               0-10
                                                                        Ireland                              1-04
Whereas equal and continuous access to the quota
should be ensured for all Community importers and                       Italy                                3-54
the rate of duty for the tariff quota should be applied                 United Kingdom                       4-17
consistently to all imports until the quota is used
up ; whereas in the light of the principles outlined
above, arrangements for the utilization of the Com­             Whereas, to take account of future trends in imports
munity tariff quota based on an allocation among                of the product in question, the quota should be
Member States would seem to be consistent with the              divided into two tranches, the first being allocated
Community nature of the quota ; whereas, in order               and the second forming a reserve intended to cover
that it may correspond as closely as possible to the            any subsequent requirements of Memiber States which
actual market trends in the product in question,                have used up their initial share; whereas, in order
allocation of the quota should be in proportion to              to ensure a certain degree of security for importers,
the requirements of the Member States as calculated             the first tranche of the Community tariff quota
by reference to statistical data on imports from third          should be set at a relatively high level which, in this
countries during a representative reference period              case, might be 96 % of the volume of the quota ;
and to the economic prospects for the quota period
in question ;                                                   Whereas Member States may use up their initial
                                                                shares at different rates ; whereas to provide for this
                                                                eventuality and to avoid disruption of supplies, any
                                                                 Member State which has almost used up its initial
Whereas, during the last three years for which                  share should draw an additional share from the
statistics are fully available, the corresponding               reserve ; whereas each time its additional share is
imports into each of the Member States represented              almost used up, a Member State should draw a
the following percentages of the total imports of the           further share, and so on as many times as the reserve
product in question :                                            allows; whereas the initial and additional shares
 ---pagebreak--- No L 313 / 10                       Official Journal of the European Communities                               15 . 11.76
should be valid until the end of the quota period ;                                                     (metric tons)
whereas this form of administration requires close                      Benelux                            6 950
collaboration between Member States and the Com­
                                                                        Denmark                              300
mission, which latter must, in particular, be able
to keep a record of the extent to which the quota                       Germany                           36 500
has been used up and to inform the Member States                        France                                 50
accordingly ;
                                                                        Ireland                              500
                                                                        Italy                              1 700
Whereas, if at a given date in the quota period
a considerable quantity of a Member State's initial                     United Kingdom                     2 000
share remains unused, it is essential that that
Merrtber State should return a significant proportion          2 . The second tranche of 2 000 metric tons shall
to the reserve, so as to avoid a part of the quota             constitute the reserve.
remaining unused in one Member State when it
could be used in others;
                                                                                         Article 3
Whereas, since the Kingdom of Belgium, the                     1 . If 90% or more of a Member State's initial share
Kingdom of the Netherlands and the Grand Duchy                 as fixed in Article 2 ( 1 ), or of that share minus any
of Luxembourg are united within and jointly                    portion returned to the reserve where Article 5 has
represented by the Benelux Economic Union, any                 been applied , has been used up, that Member State
measure concerning the administration of the shares            shall forthwith, by notifying the Commission, draw
allocated to that economic union may be carried out            a second share, to the extent that the reserve so
by any one of its members,                                     permits, equal to 10% of its initial share, rounded
                                                               up as necessary to the next whole number.
HAS ADOPTED THIS REGULATION :
                                                               2 . If, after its initial share has been used up, 90%
                                                               or more of the second share drawn by a Member
                                                               State has been used up, 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, rounded up as necessary to the next
 1 . During the period 1 January to 31 December 1977           whole number .
 a Community tariff quota of 50 000 metric tons shall
be opened in the Community for ferro-silico­                   3 . If, after its second share has been used up, 90%
 manganese falling within subheading 73.02 D of the            or more of the third share drawn by a Member
 Common Customs Tariff.
                                                               State has been used up, that Member State shall
                                                               forthwith, in accordance with the same conditions,
 2. Imports of the product in question may not be              draw a fourth share equal to the third .
 charged against this tariff quota if they are already
 free of customs duties under other preferential tariff        This process shall apply until the reserve is used up.
 arrangements .
                                                               4. By way of derogation from paragraphs 1 , 2 and
                                                               3 , Member States may draw lesser shares than those
 3 . Within this tariff quota, the Common Customs              specified therein if there are grounds for believing
 Tariff duty shall be totally suspended .                      that those specified may not be used up. They shall
                                                               inform the Commission of their reasons for applying
                                                               this paragraph .
 4. Within this tariff quota, the new Member States
 shall also apply this exemption from duty.
                                                                                         Article 4
                         Article 2
                                                                Additional shares drawn pursuant to Article 3 shall
                                                                be valid until 31 December 1977 .
 1 . A first tranche of 48 000 metric tons of this
 Community tariff quota shall be allocated among                                         Article 5
 the Member States. Member States' shares which,
 subject to Article 5 , shall be valid from 1 January           Member States shall return to the reserve, not later
 to 31 December 1977, shall be as follows :                     than 1 October 1977, the unused portions of their
 ---pagebreak--- 15 . 11.76                          Official Journal of the European Communities                          No L 313 / 11
initial shares which, on 15 September 1977, are in             pursuant to Article 3 are opened in such a way that
excess of 20% of the initial amounts. They may                 imports may be charged without interruption against
return a greater portion if there are grounds for              their aggregate shares of the Community quota.
believing that such portion may not be used up.
                                                               2. Member States shall ensure that importers of the
Member States shall notify the Commission , not                product in question established in their territory have
later than 1 October 1977, of the total quantities             free access to the shares allocated to them .
of the product in question imported up to and
including 15 September 1977 and charged against                3 . Member States shall charge imports of the
the Community quota and of any portion of their                product in question against their shares as and when
initial shares returned to the reserve .                       the product is entered with the customs authorities
                                                               for home use.
                        Article 6                              4. The extent to which a Member State has used
                                                               up its share shall be determined on the basis of the
The Commission shall keep an account of the shares             imports charged in accordance with paragraph 3 .
opened by the Member States pursuant to Articles
2 and 3 and, as soon as it has been notified, shall
inform each State of the extent to which the reserve                                   Article 8
has been used up.
                                                               At the Commission 's request, Member States shall
It shall inform the Member States, not later than              inform it of the imports actually charged against
5 October 1977, of the amount still in reserve after           their shares .
amounts have been returned thereto pursuant to
Article 5 .
                                                                                       Article 9
It shall ensure that the drawing which exhausts the
reserve does not exceed the balance available and,             Member States and the Commission shall cooperate
to this end, shall notify the amount of that balance           closely to ensure that this Regulation is complied
to the Member State making the last drawing.                   with .
                        Article 7                                                      Article 10
1 . Member       Stares  shall   take    all  appropriate      This Regulation shall enter into force on 1 January
measures to ensure that additional shares drawn                 1977 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Luxembourg, 25 October 1976.
                                                                             For the Council
                                                                              The President
                                                                       A.P.L.M.M. van der STEE