CELEX: 31975R1799
Language: en
Date: 1975-07-10 00:00:00
Title: Regulation (EEC) No 1799/75 of the Council of 10 July 1975 on the opening, allocation and administration of an autonomous Community tariff quota for 1975 for ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff

15 . 7 . 75                          Official Journal of the European Communities                          No L 184/ 9
                              REGULATION ( EEC) No 1799/ 75 OF THE COUNCIL
                                                      of 10 July 1975
              on the opening , allocation and administration of an autonomous Community
              tariff quota for 1975 for ferro-silicon falling within subheading 73.02 C 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
                                                                ferro-silicon market during the current year, the tariff
                                                                quota of 20 000 metric tons opened by Regulation
Having regard to the Treaty establishing the European           (EEC) No 2423/74 was allocated in the following
Economic Community, and in particular Article 28                 percentages :
thereof ;
Having regard to the draft Regulation submitted by
                                                                         Benelux                            64-75
the Commission ;
                                                                         Denmark                              0-75
                                                                         Germany                             15-00
                                                                         France                               0-25
Whereas, as regards ferro-silicon falling within
                                                                         Ireland                              1-25
subheading 73.02 C of the Common Customs Tariff, a
conventional duty free Community tariff quota of                         Italy                                4-25
20 000 metric tons has been opened by the Council                        United Kingdom                      13-75
for 1975 and allocated among the Member States by
Regulation ( EEC) No 2423/74 (');
Whereas, bearing in mind present production capacity
within the Community and the large increase in ferro­           Whereas, since the quota is an autonomous Commu­
silicon required for the manufacture of steel , the              nity tariff quota intended to cover additional import
abovementioned quota will not cover the entire                   needs arising in the Community, the allocation of the
Community import requirements of ferro-silicon from             additional share may be made on the basis of the
third countries ; whereas it is therefore desirable that        actual needs expressed by each of the Member States ;
an autonomous Community tariff quota limited to                 whereas in the case of Ireland , its drawings on its
 12 500 metric tons be opened ; whereas the fixing of           share of the initial quota opened by the abovemen­
the quota amount at this new level does not exclude a           tioned Regulation and the most recently available
new adjustment in the course of the quota period ;              economic information and statistics, do not justify its
whereas, so as not to prejudice Community develop­               participation at present in the proposed increase of
ment prospects in the production area concerned, the             the Community tariff quota ; whereas, moreover,
quota duty applicable should be fixed at 7 % ;                  should additional needs arise subsequently in that
                                                                Member State, it may have recourse to the procedure
                                                                set up under Article 3 of this Regulation ; whereas this
Whereas equal and continuous access to the quota                system of allocation also ensures the uniform applica­
should be ensured for all Community importers and               tion of the Common Customs Tariff ;
the rate of duty for the tariff quota should be applied
consistently to all imports until the quota is
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         abovementioned Member States and the second held
in proportion to the requirements of the Member                 as a reserve to cover subsequently the requirements of
States as calculated by reference to statistics of imports      Member States which have exhausted their new shares
from third countries during a representative reference          and any additional requirements which might arise in
period and to the economic outlook for the quota                the other Mcmlu-rs States ; whereas, to give importers
period in question ;                                            of Member States some degree of certainty, the first
                                                                 tranche of the tariff quota should be fixed at a rela­
(') OJ No L 261 , 27 . 9 . 1974, p. 16 .                         tively high level which could be 1 1 500 metric tons ;
 ---pagebreak--- No L 184/ 10                       Official Journal of the European Communities                                15 . 7 . 75
Whereas Member States may exhaust their initial                        Benelux                5 700  metric tons ,
shares at different rates ; whereas to avoid disruption                Denmark                    17 metric tons,
of supplies on this account it should be provided that                Germany                 3 650  metric tons ,
any Member State which has almost used up its initial                  France                     13 metric tons,
share   should   draw  an   additional  share  from   the              Italy                    1 30 metric tons,
reserve ; whereas each time its additional share is                   United Kingdom          1 990 metric tons .
almost   exhausted   a  Member State     should   draw a
further share, and so on as many times as the reserve         2.    The second tranche of 1 000 metric tons shall
allows ; whereas the initial and additional shares            constitute a reserve .
should be valid until the end of the quota period ;
whereas this form of administration requires close
collaboration   between   the Member States and the
Commission , and the Commission must be in a posi­                                    Article 3
tion to keep account of the extent to which the quotas
have been used up and to inform the Member States             Should ferro-silicon be required in Ireland, that
accordingly ;                                                 Member State shall draw a sufficient share from the
                                                              reserve to the extent that the reserve so permits.
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
return a significant proportion thereof to the reserve,                               Article 4
in order to prevent a part of a quota from remaining
unused in one Member State while it could be used in          1.     As soon as one of the Member States referred to
others ;                                                      in Article 2 has used 90 % or more of its initial share
                                                              as fixed in Article 2 ( 1 ), or of that share minus any
Whereas, since the Kingdom of Belgium, the                    portion returned to the reserve pursuant to Article 6,
Kingdom of the Netherlands and the Grand Duchy of             it shall forthwith, by notifying the Commission , draw
Luxembourg are united within and jointly represented          a second share , to the extent that the reserve so
by the Benelux Economic Union, any measure                    permits, equal to 10 % of its initial share rounded up
concerning the administration of the shares allocated         as necessary to the next whole number.
to that Economic Union may be carried out by any
one of its members,
                                                              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
HAS ADOPTED THIS REGULATION :
                                                              forthwith, in the manner and to the extent provided
                                                              in paragraph 1 , draw a third share equal to 5 % of its
                                                              initial share .
                        Article 1
                                                              3.     As soon as one of the Member States, after
 1.   From the date of entry into force of this Regula­       exhausting its second share, has used 90 % or more of
tion until 31 December 1975 a tariff quota of 12 500          the third share drawn by it, that Member State shall
metric tons shall be opened within the Community in           forthwith , and in accordance with the same condi­
respect of ferro-silicon falling within subheading            tions, draw a fourth share equal to the third .
73.02 C of the Common Customs Tariff.
                                                              It shall continue in this fashion until the reserve is
2. Within this quota, Community Customs Tariff                exhausted .
duty shall be suspended at 7 % .
                                                              4.     By way of derogation from paragraphs 1 to 3, the
3 . Within this quota, Member States shall apply              Member States may draw shares lower than those
quota duties calculated in accordance with the rele­          specified in those paragraphs if there are grounds for
vant provisions of the Act of Accession .                     believing that those specified may not be used in full .
                                                              Any Member State applying this paragraph shall
                                                              inform the Commission of its grounds for so doing.
                        Article 2
 1.   A first tranche of 11 500 metric tons of this
                                                                                      Article 5
Community tariff quota shall be allocated among
certain Member States ; the shares, which subject to
Article 6 shall be valid until 31 December 1975 , shall       Additional shares drawn pursuant to Article 4 shall be
be as follows :                                               valid until 31 December 1975 .
 ---pagebreak--- 15 . 7 . 7.5                               Official Journal of the European Communities                       No L 184/ 11
                             Article 6                               pursuant to either Article 3 or 4 are opened in such a
                                                                     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
October 1975, is in excess of 20% of the initial                     2 . The Member States shall ensure that importers
volume . They may return a greater portion if there are              of the product in question established in their territo­
grounds for believing that it may not be used in full .              ries have free access to the shares allocated to them .
Those      Member        States    shall ,  not   later   than  1
November 1975, notify the Commission of the total                    3 . The Member States shall charge importations of
                                                                     the product in question against their shares as and
quantities of the product in question imported up to                 when the product is entered with the customs authori­
and including 15 October 1975 and charged against                    ties for home use .
the Community quota and of any portion of these
initial shares returned to the reserve .                             4.      The extent to which the Member States have
                                                                     used up their shares shall be determined on the basis
                             Article 7                               of the importations charged against those shares in
                                                                     accordance with paragraph 3 .
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 9
inform each State of the extent to which the reserve
has been used up .                                                   At the request of the Commission, the Member States
                                                                     shall inform it of importations charged against their
It shall , not later than 5 November 1975, inform the                shares .
Member States of the amount still in reserve following
any return of shares pursuant to Article 6.
                                                                                            Article 10
It shall ensure that when an amount exhausting the
reserve is drawn the amount so drawn does not exceed
                                                                     The Member States and the Commission shall coop­
the balance available, and to this end shall notify the              erate closely to ensure that this Regulation is
amount of that balance to the Member State making                    complied with .
the last drawing.
                             Article 8                                                      Article 11
1.     The Member States shall take all appropriate                  This Regulation shall enter into force on 1 August
measures     to   ensure      that   additional    shares   drawn     1975 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 10 July 1975 .
                                                                                  For the Council
                                                                                   The President
                                                                                   E. COLOMBO