CELEX: 31976R2862
Language: en
Date: 1976-11-23
Title: Council Regulation (EEC) No 2862/76 of 23 November 1976 on the opening, allocation and administration of an autonomous Community tariff quota for 1976 for ferro-silicon falling within subheading 73.02 C of the Common Customs Tariff

27 . 11 . 76                           Official Journal of the European Communities                                       No L 629 / 17
                                      COUNCIL REGULATION (EEC) No 2862/76
                                                     of 23 November 1976
               on the opening , allocation and administration of an autonomous Community
               tariff quota for 1976 for ferro-silicon falling within subheading 73.02 C of the
                                                   Common Customs Tariff
THE COUNCIL OF THE EUROPEAN                                             tariff quota limited to 2 000 metric tons be opened ;
COMMUNITIES,                                                            whereas, so as not to prejudice Community develop­
                                                                        ment prospects in the production area concerned, the
Having regard to the Treaty establishing the European                   quota duty applicable must be fixed at 7 % ;
Economic Community, and in particular Article 28
thereof,                                                                Whereas arrangements for the utilization of the tariff
                                                                        quota based on an allocation among Member States
Having regard to the draft Regulation submitted by
the Commission ,                                                        would seem to be consistent with the Community
                                                                        nature of the quota ; whereas to correspond as closely
Whereas, as regards ferro-silicon falling within                        as possible to the actual trend of the market in the
subheading 73.02 C of the Common Customs Tariff, a                      product in question , allocation of the quota must be
conventional duty-free Community tariff quota of                        in proportion to the requirements of the Member
20 000 metric tons was opened by the Council for                        States as calculated by reference to statistics of imports
 1976 and allocated among the Member States by Regu­                    from third countries during a representative reference
lation (EEC) No 2880/75 (') ;                                           period and to the economic outlook for the quota
                                                                        period in question ;
Whereas, bearing in mind present production capacity
within the Community, the abovementioned quota                         Whereas, during the last three years for which statis­
will not cover the entire Community import require­                     tics are fully available, the corresponding imports, in
ments of ferro-silicon from third countries ; whereas it                metric tons , into each of the Member States were as
is therefore desirable that an autonomous Community                     follows :
                                                                197 ?             1974         I 97 S     Average for
                                                                                                        tin.- three years
               Benelux                                        34 300            32 000        27 920          31 406
               Denmark                                          1 081               753           854             896
               Germany                                      103 936            119 029        84 764        1 02 506
               France                                             548             1 100         1 955           1 201
               Ireland                                                0             507           397             301
               Italy                                          1 8 380           29 536        22 088          23 331
               United Kingdom                                 10 855            28 460        21 849          20 388
                                                    Total   1 69 1 00          21 1 385      159 827        1 80 099
Whereas in view of these factors, the foreseeable deve­                Whereas, since this tariff quota is for a relatively small
lopment of the ferro-silicon market in 1976 and the                     quantity, it seems possible to provide for a system of
shares allocated in the tariff quota of 20 000 metric                   use based on a single allocation and at the same time
tons opened by the abovementioned Regulation ( EEC)                     preserve the Community nature of the quota ; whereas
No 2880/75, the initial percentage shares in the quota                  such an allocation may therefore be based on the
can be fixed as follows :                                               percentage figures shown in the table above ;
         Benelux                                17-25
         Denmark                                  0-50
         Germany                                67-20
                                                                       Whereas, since the Kingdom of Belgium , the
         France                                   0-25
                                                                        Kingdom of the Netherlands and the Grand Duchy of
         Ireland                                  0-05
                                                                        Luxembourg are united within and jointly represented
         Italy                                    4-75
                                                                        by the Benelux Economic Union , any measure
         United Kingdom                         1 000
                                                                        concerning the administration of the shares allocated
                                                                        to that economic union may be carried out by any
(') OJ No L 292, 12 . 11 . 1975 , p . 12 .                              one of its members ,
 ---pagebreak--- No L 329/ 18                     Official Journal of the European Communities                           27. 11 . 76
HAS ADOPTED THIS REGULATION :                                                          Article J
                       Article 1                            1 . Member States shall ensure that importers of the
                                                            product in question established in their territory have
1 . From the date of entry into force of this Regula­       free access to the shares allocated to them .
tion until 31 December 1976, a tariff quota of 2 000
metric tons shall be opened within the Community in         2.    The extent to which a Member State has used up
                                                            its share shall be determined on the basis of the
respect of ferro-silicon falling within subheading
73.02 C of the Common Customs Tariff.                       imports of the product in question entered with the
                                                            customs authorities for home use .
2. Within this quota, Community Customs Tariff
duty shall be suspended at 7 % .                                                       Article 4
3. Within this quota, Member States shall apply
quota duties calculated in accordance with the rele­        At the request of the Commission, the Member States
vant provisions of the Act of Accession .                   shall inform it of importations charged against their
                                                            shares .
                       Article 2
                                                                                       Article 5
The Community tariff quota referred to in Article 1
shall be allocated among Member States as follows :         The Member States and the Commission shall coop­
                                          in metric tons    erate closely to ensure that this Regulation is
     Benelux                                   345          complied with .
     Denmark                                    10
     Germany                                 1 344                                     Article 6
     France                                      5
     Ireland                                      1         This Regulation shall enter into force on the third day
     Italy                                      95          following its publication in the Official Journal of
     United Kingdom                            200           the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 23 November 1976 .
                                                                           For the Council
                                                                            The President
                                                                     A. P. L. M. M. van der STEE