CELEX: 31974R2424
Language: en
Date: 1974-09-23 00:00:00
Title: Regulation (EEC) No 2424/74 of the Council of 23 September 1974 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

No L 261 / 18                       Official Journal of the European Communities                                27. 9 . 74
                             REGULATION (EEC) No 2424/74 OF THE COUNCIL
                                                    of 23 September 1974
              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                                      Whereas, in view of these factors and of market fore­
COMMUNITIES,                                                     casts for ferro-silico-manganese for 1975, the percen­
                                                                 tage shares in the quota volume can be expressed
Having regard to the Treaty establishing the European            roughly as follows :
Economic Community, and in particular Article 113                      Benelux                                   8-33
thereof ;
                                                                       Denmark                                   0-62
                                                                       Germany                                 82-20
Having regard to the proposal from the Commission ;                    France                                    0-10
                                                                       Ireland                                   1 -04
Whereas, as regards ferro-silico-manganese , falling                   Italy                                     3-54
within subheading 73.02 D, the European Economic                       United Kingdom                            4-17
Community has undertaken to open an annual duty­
free Community tariff quota of 50 000 metric tons                Whereas, to take account of future import trends for
from 1969 ; whereas the tariff quota concerned should            the product concerned, the quota should be divided
therefore be opened on 1 January 1975 and allocated              into two tranches, the first being allocated and the
among the Member States ; whereas the duties to be               second held as a reserve to cover at a later date the
applied by the new Member States within the quota                requirements of Member States which have used up
must comply with the relevant provisions of the Act              their initial share ; whereas, to give importers some
of Accession ;                                                   degree of certainty, the first tranche of the Commu­
                                                                 nity tariff quota should be fixed at a relatively high
Whereas equal and continuous access to the quota                 level which, in this case, might be 96 % of the
should be ensured for all Community importers and                volume of the quota ;
the rate of duty for the tariff quota should be applied
consistently to all imports until the quota is used up ;         Whereas initial shares may be used up fairly quickly ;
whereas in the light of the principles outlined above,           whereas to avoid disruption of supplies on this
arrangements for the utilization of the Community                account, any Member State which has almost used up
tariff quota based on an allocation among Member                 its initial share should draw an additional share from
States would seem to be consistent with the Commu­               the reserve ; whereas each time its additional share is
nity nature of the quota ; whereas, in order that it may         almost used up, a Member State should draw a further
correspond as closely as possible to the actual trend of         share, and so on , as many times as the reserve allows ;
the market in the product in question, allocation of             whereas the initial and additional shares should be
the quota should be in proportion to the requirements            valid until the end of the quota period ; whereas this
of the Member States as calculated by reference to               form of administration requires close collaboration
statistics of imports from third countries during a              between the Member States and the Commission, and
representative reference period and to the economic              the Commission must be in a position to keep
outlook for the quota period in question ;                       account of the extent to which the quota has been
                                                                 used up and to inform the Member States accord­
Whereas during the past three years for which statis­            ingly ;
tics are fully available, the corresponding imports into
each of the Member States represented the following              Whereas if at a given date in the quota period a
percentages of the total imports of the product in               considerable quantity of a Member State's initial share
question :                                                       remains unused , it is essential that it should return a
                                                                 significant proportion thereof to the reserve to prevent
                                      1971   1972     1973       a part of the quota from remaining unused in one
Benelux                            1 2-22   10-80     1 6-65
                                                                 Member State while it could be used in others ;
Denmark                             0-00     1 - 69     0-00
Germany                            65-63    55-24     62-59      Whereas, since the Kingdom of Belgium , the
France                               0-33    0-43       0-93     Kingdom of the Netherlands and the Grand Duchy of
Ireland                              0-00    0-01       0-00     Luxembourg arc united within and jointly represented
Italy                              1 5-69   15-26     1 5-8 1    by the Benelux Economic Union , any measure
United Kingdom                       6-13   16-57       4-02     concerning the administration of the shares allocated
 ---pagebreak--- 27. 9 . 74                             Official Journal of the European Communities                           No L 261 / 19
to that Economic Union may be carried out by any                  second share equal to 10 % of its initial share,
one of its members,                                               rounded up where necessary to the next unit, to the
                                                                  extent permitted by the amount of the reserve.
                                                                  2. If, after its initial share has been used up, 90 %
                                                                 or more of the second share drawn by a Member State
HAS ADOPTED THIS REGULATION :
                                                                  has been used up, that Member State shall, without
                                                                  delay, in accordance with the conditions imposed by
                                                                  paragraph 1 , draw a third share, equal to 5%-of its
                         Article 1                                initial share .
                                                                  3.     If, after its second share has been used up, 90 %
1 . During the period from 1 January to 31                        or more of the third share drawn by a Member State
December 1975 a Community tariff quota of 50 000                  has been used up, that Member State shall, without
metric tons shall be opened in the Community for                  delay, in accordance with the same conditions, draw a
ferro-silico-manganese, falling within subheading                 fourth share equal to the third.
73.02 D of the Common Customs Tariff.
                                                                 This process shall continue to apply until the reserve
2. Imports of the products in question shall not be               is used up.
counted under the tariff quota if they are already free
of customs duties under other preferential tariff treat­          4. By way of derogation from paragraphs 1 to 3, a
ment applied by certain Member States, in particular              Member State may draw shares lower than those fixed
under free trade arrangements.                                    in those paragraphs if there are grounds for believing
                                                                  that those fixed may not be used up. It shall inform
3 . Within this tariff quota the Common Customs                   the Commission of its reasons for applying this para­
Tariff duty shall be totally suspended.                          graph.
4. Within this tariff quota the new Member States                                            Article 4
shall apply duties calculated in accordance with the
relevant provisions of the Act of Accession .                     Additional shares drawn pursuant to Article 3 shall be
                                                                 valid until 31 December 1975 .
                         Article 2
                                                                                             Article 5
1.    The first tranche of 48 000 metric tons of this
                                                                  A Member State which on 15 September 1975 has not .
quota shall be allocated among the Member States ;                used up its initial share shall return to the reserve not
the respective shares of the Member States, which,                later than 10 October 1975 any unused portion in
subject to Article 5, shall be valid until 31 December            excess of 20 % of the initial amount. It may return a
1975 , shall be as follows :                                     greater portion if there are grounds for believing that
                                                                  such portion may not be used up.
     Benelux                         4 000 metric tons
     Denmark                            300 metric tons
                                                                  Member States shall, not later than 10 October 1975,
     Germany                        39 450 metric tons            notify the Commission of the total quantities of the
     France                              50 metric tons
                                                                  product in question imported up to and including 15
     Ireland                            500 metric tons
                                                                  September 1975 and charged against the Community
     Italy                            1 700 metric tons           quota and of any portion of their initial shares
     United Kingdom                  2 000 metric tons            returned to the reserve .
2.    The second tranche, of 2 000 metric tons, shall
constitute the reserve .                                                                     Article 6
                                                                 The Commission shall keep an account of the shares
                         Article 3
                                                                  opened by the Member States pursuant to Articles 2
                                                                  and 3 and shall, as soon as it has been notified, inform
                                                                 each State of the extent to which the reserve has been
1.    If 90 % or more of a Member State's initial share          used up.
as specified in Article 2 ( 1 ), or of that share minus the
portion returned to the reserve where Article 5 is                It shall inform the Member States, not later than 15
applied, has been used up, that Member State shall,              October 1975, of the amount still in reserve following
without delay, by notifying the Commission , draw a              any returns pursuant to Article 5.
 ---pagebreak--- No L 261 /20                         Official Journal of the European Communities                           27. 9. 74
It shall ensure that when an amount using up the               4.    The extent to which a Member State has used up
reserve is drawn the amount so drawn does not exceed            its share shall be determined on the basis of the
the balance available, and to this end shall notify the         imports charged in accordance with paragraph 3 .
amount of that balance to the Member State making
the last drawing.
                                                                                        Article 8
                          Article 7
                                                               Member     States  shall  inform   the Commission    at
1.    Member       States  shall   take    all    appropriate   regular intervals of the imports actually charged
measures    to   ensure   that   additional    shares  drawn   against their shares.
pursuant to Article 3 are opened in such a way that
imports may be charged without interruption against
                                                                                        Article 9
their accumulated shares in the Community quota.
2. Member States shall ensure that importers of the            Member States and the Commission shall cooperate
product in question established in their territory have        closely to ensure that this Regulation is observed.
free access to the shares allocated to them .
3 . Member States shall charge imports of the                                          Article 10
product in question against their shares as and when
the product is entered with the customs authorities for        This Regulation shall enter into force on 1 January
home use .                                                      1975.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 23 September 1974.
                                                                           For the Council
                                                                            The President
                                                                           Ch . PONCELET