CELEX: 31977R2304
Language: en
Date: 1977-10-18 00:00:00
Title: Council Regulation (EEC) No 2304/77 of 18 October 1977 on the opening, allocation and administration of a Community tariff quota for ferro-silicon-manganese falling within subheading 73.02 D of the Common Customs Tariff (1978)

21 . 10. 77                           Official Journal of the European Communities                          No L 269/9
                                     COUNCIL REGULATION (EEC) No 2304/77
                                                    of 18 October 1977
               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 ( 1978)
THE COUNCIL OF THE EUROPEAN                                      percentage shares in the quota volume may be
COMMUNITIES,                                                     expressed roughly as follows :
Having regard to the Treaty establishing the European                     Benelux                            14-47
Economic Community, and in particular Article 113                         Denmark                             0-62
thereof,                                                                  Germany                           7606
                                                                          France                              0-20
                                                                          Ireland                             1 04
 Having regard to the proposal from the Commission,                       Italy                               3-44
                                                                          United Kingdom                      4-17
Whereas, as regards ferro-silico-manganese falling
within subheading 73.02 D, the European Economic
 Community has undertaken to open an annual duty­                Whereas, to take account of future trends in imports
 free Community tariff quota of 50 000 tonnes ;                  of the product in question, the quota should be
 whereas the tariff quota in question should therefore           divided into two tranches, the first being allocated and
 be opened on 1 January 1978 and allocated among                 the second forming a reserve intended to cover any
 the Member States ;                                             subsequent requirements of Member States which
                                                                 have used up their initial share ; whereas, in order to
                                                                 ensure a certain degree of security for importers, the
 Whereas equal and continuous access to the quota                first tranche of the Community tariff quota should be
 should be ensured for all Community importers and               set at a high level which, in this case, might be 96 %
 the rate of duty for the tariff quota should be applied         of the volume of the quota ;
 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 Community               Whereas Member States may use up their initial
 tariff quota based on an allocation among Member                shares at different rates ; whereas to provide for this
 States would seem to be consistent with the Commu­
                                                                  eventuality and to avoid disruption of supplies, any
 nity nature of the quota ; whereas, in order that it may         Member State which has almost used up its initial
 correspond as closely as possible to the actual market           share   should  draw   an   additional share   from  the
 trends in the product in question, allocation of the             reserve ; whereas each time its additional share is
 quota should be in proportion to the requirements of             almost used up, a Member State should draw a further
 the Member States as calculated by reference to statis­          share, and so on as many times as the reserve allows ;
  tical data on imports from third countries during a             whereas the initial and additional shares should be
  representative reference period and to the economic             valid until the end of the quota period ; whereas this
  prospects for the quota period in question ;                    form of administration requires close collaboration
                                                                  between Member States and the Commission, which
  Whereas, during the last three years for which statis­          latter must, in particular, be able to keep a record of
  tics are full^ available, the corresponding imports into        the extent to which the quota has been used up and
  each of the Member States represented the following             to inform the Member States accordingly ;
  percentages of the total irnports of the product in
  question :
                                 1974       / 975     1976        Whereas if at a given date in the quota period a
                                                                  considerable quantity of a Member State's initial share
  Benelux                       18-41      11-00     15-22        remains unused, it is essential that that Member State
  Denmark                        0           0        0           should return a significant proportion to the reserve
  Germany                       58-88      71-52     67-87        so as to avoid a part of the quota remaining unused in
  France                         0-46        0-58      1-68       one Member State when it could be used in others ;
   Ireland                       0           0-04     0
   Italy                        19-61      14-04     14-29
   United Kingdom                 2-64       2-82      2-94       Whereas, since the Kingdom of Belgium, the
                                                                   Kingdom of the Netherlands and the Grand Duchy of
  Whereas, in view of these factors and of market fore­            Luxembourg are united within and jointly represented
   casts for ferro-silico-manganese for 1978 , the initial         by the Benelux Economic Union, any measure
 ---pagebreak--- No L 269/ 10                       Official Journal of the European Communities                                21 . 10 . 77
concerning the administration of the shares allocated         in accordance with the same conditions, draw a fourth
to that economic union may be carried out by any              share equal to the third.
one of its members,
                                                              This process shall apply until the reserve is used up.
HAS ADOPTED THIS REGULATION :                                 4.     By way of derogation from paragraphs 1 , 2 and
                                                              3, Member States may draw lesser shares than those
                        Article 1
                                                              specified therein if there are grounds for believing
                                                              that those specified may not be used up. They shall
1 . For the period 1 January to 31 December 1978 ,            inform the Commission of their reasons for applying
a Community tariff quota of 50 000 tonnes shall be            this paragraph.
opened in the Community for ferro-silico-manganese
falling within subheading 73.02 D of the Common                                       Article 4
Customs Tariff.
                                                             Additional shares drawn pursuant to Article 3 shall be
2. Imports of the product in question may not be              valid until 31 December 1978 .
charged against this tariff quota if they are already free
of customs duties under other preferential tariff arran­                              Article 5
gements.
                                                              Member States shall return to the reserve, not later
3 . Within this tariff quota, the Common Customs              than 1 October 1978, the unused portions of their
Tariff duty shall be totally suspended.                       initial shares which, on 15 September 1978, are in
                                                              excess of 20 % of the initial amounts. They may
                         Article 2
                                                              return a greater portion if there are grounds for
1.    A first tranche of 48 000 tonnes of this Commu­         believing that such portion may not be used up.
nity tariff quota shall be allocated among the Member         Member States shall notify the Commission, not later
States ; the shares, which subject to Article 5 shall be      than 1 October 1978 , of the total quantities of the
valid from 1 January to 31 December 1978 , shall be           product in question imported up to and including 15
as follows :
                                                              September 1978 and charged against the Community
                                         (tonnes)             quota and of any portion of their initial shares
        Benelux                            6 950              returned to the reserve .
        Denmark                              300
        Germany                          36 500                                       Article 6
        France                               100
        Ireland                              500              Member States may restrict the possibility of charging
        Italy                              1 650              against their quotas to certain intended uses. In that
        United Kingdom                     2 000              case the Community provisions on the matter shall be
                                                              applied for checking that the product has been so
2.    The second tranche of 2 000 tonnes shall consti­        used .
tute the reserve .
                                                                                      Article 7
                         Article 3
                                                              The Commission shall keep an account of the shares
 1.   If 90 % or more of a Member State's initial share       opened by the Member States pursuant to Articles 2
as fixed in Article 2 ( 1 ), or of that share minus any       and 3 and, as soon as it has been notified, shall inform
portion returned to the reserve where Article 5 has           each State of the extent to which the reserve has been
been applied, has been used up, that Member State             used up.
shall forthwith, by notifying the Commission, draw a
                                                               It shall inform the Member States, not later than 5
second share, to the extent that the reserve so permits,
                                                              October 1978 , of the amount still in reserve after
equal to 10 % of its initial share, rounded up as neces­
sary to the next whole number.                                amounts have been returned thereto pursuant to
                                                              Article 5 .
2. If, after its initial share has been used up, 90 %
or more of the second share drawn by a Member State            It shall ensure that the drawing which exhausts the
has been used up, that Member State shall forthwith,           reserve does not exceed the balance available and, to
in the manner and to the extent provided in para­             this end, shall notify the amount of that balance to
graph 1 , draw a third share equal to 5 % of its initial       the Member State making the last drawing.
share, rounded up as necessary to the next whole
number.                                                                               Article 8
3 . If, after its second share has been used up, 90 %          1.    Member    States   shall   take    all    appropriate
or more of the third share drawn by a Member State             measures    to ensure   that   additional    shares   drawn
has been used up, that Member State shall forthwith,           pursuant to Article 3 are opened in such a way that
 ---pagebreak--- 21 . 10 . 77                      Official Journal of the European Communities                        No L 269/ 11
imports may be charged without interruption against                                Article 9
their aggregate shares of the Community quota.              At the Commission's request, Member States shall
2. Member States shall ensure that importers of the          inform it of the imports actually charged against their
product in question established in their territory have     shares .
free access to the shares allocated to them .
                                                                                   Article 10
3 . Member States shall charge imports of the               The Member States and the Commission shall coop­
product in question against their shares as and when        erate closely to ensure that this Regulation is
the product is entered with the customs authorities for      complied with.
home use .
                                                                                   Article 11
4.    The extent to which a Member State has used up
its share shall be determined on the basis of the           This Regulation shall enter into force on 1 January
imports charged in accordance with paragraph 3 .             1978 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Luxembourg, 18 October 1977.
                                                                        For the Council
                                                                          The President
                                                                          H. SIMONET