CELEX: 31973R3588
Language: en
Date: 1973-12-28 00:00:00
Title: Regulation (EEC) No 3588/73 of the Council of 28 December 1973 on the opening, allocation and administration of a Community tariff quota for ferro-silico-manganese falling within subheading No 73.02 D of the Common Customs Tariff

31 . 12. 73                         Official Journal of the European Communities                          No L 365 /31
                              REGULATION (EEC) No 3588/73 OF THE COUNCIL
                                                 of 28 December 1973
              on the opening, allocation and administration of a Community tariff quota for ferro­
              silico-manganese falling within subheading No 73.02 D of the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES .                      which no equivalent tariff preference were applied
                                                               under any other preferential arrangements only cover
                                                               the year 1972 and the first few months of 1973 ;
Having regard to the Treaty establishing the                   whereas during the year 1972 such imports by each
European Economic Community, and in particular                 of the Member States represented the following
Article 113 thereof;                                           percentages of total Community imports of the said
                                                               goods, whereas for the year 1973 , on the basis of the
                                                               most recent forecasts by the Member States, which
Having regard to the proposal from the Commission ;            have been confirmed by the imports statistics for the
                                                               first few months, these percentages are as follows :
Whereas, as regards ferro-silico-manganese falling                                               1972      1973
within tariff subheading No 73.02 D, the European
                                                                       Benelux                  10-80     15-21
Economic Community has undertaken to open an
annual duty-free Community tariff quota of 50 000                      Denmark                    1-69     2-46
metric tons from 1969 ;
                                                                       Germany                  55-24     64-00
Whereas, under Article 39 of the Act of Accession,                     France                     0-43     0-98
the new Member States must on 1 January 1974
                                                                       Ireland                    0-01      0-01
make the first move towards alignment of their
national tariffs on the Common Customs Tariff as
                                                                       Italy                    15-26     12-51
regards the said goods ; whereas, therefore, the needs
of those Member States for imports from third                          United Kingdom           16-57      4-83
countries should from that date onwards be covered
by the tarjff quota in question during the period
thereof; whereas the duties to be applied by those
                                                               Whereas in view of these factors and of market
Member States under the said tariff quota must be in
conformity with the relevant provisions of the Act of          forecasts for ferro-silico-manganese in general for
Accession;                                                     1974, the inital percentage shares in the quota
                                                               volume can be expressed roughly as follows :
Whereas equal and continuous access to the quota                             Benelux                 8-33
should be ensured for all importers and the rate of
levy for the tariff quota should be applied                                  Denmark                 0-62
consistently to all imports until the quota is used up ;
whereas, in the light of the principles outlined above,                      Germany                82-20
a Community tariff quota arrangement based on an                             France                  0-10
allocation between the Member States would seem to
preserve the Community nature of the said quota;                             Ireland                 1-04
whereas to represent as closely as possible the actual
development of the market in the said goods the                              Italy                   3-54
allocation should follow proportionately the
requirements of the Member States calculated both                            United Kingdom          4-17
from statistics of imports from third countries during
a representative reference period and from the
economic outlook for the tariff year in question;              Whereas, to take account of future import trends for
                                                               the said goods, the quota volume should be divided
                                                               into two tranches, the first being allocated and the
Whereas, however, the available statistics of imports          second held as a reserve to cover at a later date the
from third countries into the new Member States to             requirements of Member States who have used up
 ---pagebreak--- No L 365 /32                        Official Journal of die European Communities                              31 . 12. 73
their initial shares ; whereas to give importers some          3 . Within this tariff quota the Common Customs
certainty, the first tranche of the Community tariff           Tariff duties shall be totally suspended.
quota should be fixed at a relatively elevated level
which might be 96 % of the volume of the quota;
                                                               4.     Within this tariff quota the new Member States
                                                               shall apply duties calculated in accordance with the
Whereas the initial shares may be used up fairly               relevant provisions of the Act of Accession.
quickly; whereas, therefore, to avoid disruption of
supplies, any Member State which has almost used
up its initial share should draw a supplementary                                        Article 2
share from the reserve; whereas this must be done by
each Member State as each one of its supplementary             1 . Of this Community tariff quota the first tranche
shares is almost used up, and as many times as the             of 48 000 metric tons shall be allocated among the
reserve allows; whereas the initial and supplementary          Member States; the respective shares of the Member
shares must be valid until the end of the quota                States, which, subject to Article 5, shall be valid from
period; whereas this form of administration requires           1 January to 31 December 1974, shall be as follows :
close collaboration between the Member States and
the Commission, and the Commission must be in a                         Benelux                4 000 metric tons
position to follow the extent to which the quota
volume has been used up and inform the Member                           Denmark                  300 metric tons
States thereof;
                                                                        Germany              39 450 metric tons
                                                                        France                    50 metric tons
Whereas if, at a given date in the quota period, a                      Ireland                  500 metric tons
Member State has a considerable quantity of its
initial share left over, it is essential that it should                 Italy                  1700 metric tons
 return a significant proportion thereof to the reserve,
to prevent a part of the Community tariff quota from                    United Kingdom         2 000 metric tons
remaining unused in one Member State while it could
be used in others;
                                                               2.     The second tranche, of 2 000 metric tons, shall
                                                               constitute the reserve.
Whereas since the Kingdom of Belgium, the Kingdom
 of the Netherlands and the Grand Duchy of
 Luxembourg are jointly represented by the Benelux                                      Article 3
 Economic Union any measure concerning the
 administration    of the    shares  allocated   to  that       1.    If 90 % or more of a Member State's initial
 economic union may be carried out by one of its               share as specified in Article 2 ( 1 ), or of that share
members,                                                       minus the portion returned to the reserve where
                                                               Article 5 is applied, has been used up, that Member
                                                               State shall without delay, by notifying the
                                                               Commission, draw a second share equal to 10 % of
 HAS ADOPTED THIS REGULATION :                                 its initial share, rounded up where necessary to the
                                                               next unit, to the extent permitted by the amount of
                                                               the reserve.
                         Article 1
                                                               2. If, after its initial share has been used up, 90 %
                                                               or more of the second share drawn by a Member
 1 . During the period from 1 January to 31                    State has been used up, that Member State shall, in
 December 1974 a Community tariff quota of 50 000              accordance with the conditions imposed by
 metric tons shall be opened in the Community for              paragraph 1 , draw a third share, equal to 5 % of its
 ferro-silico-manganese falling within subheading No            initial share, rounded up where necessary to the next
73.02 D of the Common Customs Tariff.                          unit.
 2. Imports of the said goods may not be counted                3 . If, after its second share has been used up, 90 %
 under this tariff quota if they are already free of            or more of the third share drawn by a Member State
 customs duties under other preferential tariff                has been used up, that Member State shall, in
treatment applied by certain Member States, in                 accordance with the same conditions, draw a fourth
 particular under free trade agreements.                       share equal to the third.
 ---pagebreak--- 31 . 12. 73                          Official Journal of the European Communities                         No L 365 /33
This process shall continue to apply until the reserve          It shall ensure that the drawing which uses up the
is used up.                                                     reserve is limited to the balance available and to this
                                                                end shall specify the amount thereof to the Member
                                                                State making the last drawing.
4. By way of derogation from paragraphs 1 to 3 , a
Member State may draw shares lower than those
fixed in those paragraphs if there are grounds for                                      Article 7
believing that those fixed may not be used up . It shall
inform the Commission of its reasons for applying               1 . Member States shall take all measures necessary
this paragraph.                                                 to ensure that supplementary shares drawn pursuant
                                                                to Article 3 are opened in such a way that imports
                         Article 4                              may be charged without interruption against their
                                                                accumulated shares in the Community quota.
Supplementary shares drawn pursuant to Article 3
 shall be valid until 31 December 1974.
                                                                2. Member States shall ensure that importers of
                                                                the said goods established in their territory have free
                         Article 5                              access to the shares allocated to them.
 A Member State which on 15 September 1974 has                  3 . Member States shall charge imports of the said
 not used up its initial share shall return to the reserve      goods against their shares as and when such goods
 not later than 10 October 1974 the unused portion               are entered for home use.
 exceeding 20 % of the initial amount. It may return a
 greater portion if there are grounds for believing that
 it may not be used up.                                         4.     The extent to which a Member State has used
                                                                up its share shall be determined on the basis of im­
 Member States shall, not later than 10 October 1974,            ports charged in accordance with paragraph 3 .
 notify the Commission of the total quantities of the
 said goods imported up to and including 15 Sep­
 tember 1974 and charged against the Community                                          Article 8
 tariff quota and any quantities of the initial share
 returned to the reserve.                                        Member States shall inform the Commission at
                                                                 regular intervals of imports actually charged against
                                                                 their shares.
                          Article 6
                                                                                         Article 9
 The Commission shall keep an account of the shares
 opened by the Member States pursuant to Articles 2
 and 3 and shall, as soon as it has been notified,               Member States and the Commission shall cooperate
  inform each state of the extent to which the reserve           closely in order to ensure that this Regulation is
                                                                 observed.
 has been used up.
  It shall inform the Member States, not later than 15                                  Article 10
  October 1974, of the amount still in reserve after
  amounts have been returned thereto pursuant to                  This Regulation shall enter into force on 1 January
 Article 5 .                                                      1974.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 28 December 1973 .
                                                                                    For the Council
                                                                                     The President
                                                                                    Ove GULDBERG