CELEX: 31975R0195
Language: en
Date: 1975-01-22 00:00:00
Title: Regulation (EEC) 195/75 of the Council of 22 January 1975 opening, allocating and administering a Community tariff quota for ferro-chromium, containing not less than 4 % by weight of carbon, falling within subheading ex 73.02 E I of the Common Customs Tariff and extending the benefit of this quota to certain imports of ferro-chromium, containing a quantity of between 3 and 4 % by weight of carbon

No L 21 / 2                        Official Journal of the European Communities                                   28 . 1 . 75
                             REGULATION ( EEC) No 195 /75 OF THE COUNCIL
                                                   of 22 January 1975
              opening, allocating and administering a Community tariff quota for ferro-chro­
              mium , containing not less than 4 % by weight of carbon , falling within
              subheading ex 73.02 E I of the Common Customs Tariff and extending the
              benefit of this quota to certain imports of ferro-chromium , containing a quan­
                                tity of between 3 and 4 % by weight of carbon
THE COUNCIL OF THE EUROPEAN                                    Whereas, however, since the quota       is an autonomous
COMMUNITIES,                                                   Community tariff quota intened           to cover import
                                                               needs arising in the Community, it      may, as an experi­
                                                               ment, be allocated on the basis         of the temporary
Having regard to the Treaty establishing the European          import needs from third countries       expressed by each
Economic Community, and in particular Article 28               of the Member States ; whereas , on the basis of
thereof ;                                                      economic information supplied and allowing for duty­
                                                               free supplies from the Community or certain third
                                                               countries, these needs would amount to the following
Having consulted the Commission ;
                                                               percentages of the tariff quota ; whereas the most
                                                               recently available economic information concerning
Whereas Community production of ferro-chromium                 Ireland would not at present justify its participation in
containing not less than 4 % by weight of carbon ,             the allocation of the quota ; whereas, since the quota
falling within subheading ex 73.02 E I of the                  is a Community tariff quota, it is appropriate to
Common Customs Tariff is inadequate and producers              provide for this Member State a commercially exploit­
are unable to meet the total requirements of consumer          able share, which should amount to 20 metric tons,
industries in the Community ; whereas it is therefore          i.e. 0-1 % ; whereas this system of allocation also
in the Community's interest to suspend totally in              ensures the uniform application of the Common
respect of this metal the application of the Common            Customs Tariff ;
Customs Tariff duty until 31 December 1975, within a
suitable tariff quota which could initially be fixed at
34 500 metric tons ; whereas this quota based on                        Benelux                                 18-8
conservative estimates, could be subsequently                           Denmark                                  0-1
adjusted ;                                                             Germany                                  38-7
                                                                        France                                  114
Whereas relatively limited imports of ferro-chromium,                   Italy                                    61
containing a quantity of between 3 and 4 % by                           United Kingdom                          24-8
weight of carbon are foreseeable for this quota period ;
whereas provision should be made on a temporary
basis for the extension of the benefit of the tariff           Whereas, to take account of future import trends for
quota in question to these imports, limiting it                the product concerned , the quota should be divided
however to 20 % of the quota volume taking account             into two instalments, the first being allocated among
of the existence of Community production ;                     Member States and the second held as a reserve to
                                                               cover subsequently the requirements of Member States
                                                               which have exhausted their initial share ; whereas, to
Whereas equal and continuous access to the quota               give importers some degree of certainty, the first instal­
should be ensured for all Community importers and              ment of the tariff quota should be fixed at a relatively
the rate of duty for the tariff quota should be applied        high level which could be 32 540 metric tons ;
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               Whereas Member States may exhaust their initial
seem to be consistent with the Community nature of             shares at different rates ; whereas to avoid disruption
the quota ; whereas, to correspond as closely as               of supplies on this account it should be provided that
possible to the actual trend of the market in the              any Member State which has almost used up its initial
product in question , allocation of the quota should be        share   should   draw   an   additional    share   from     the
in proportion to the requirements of the Member                reserve ; whereas each time its additional share is
States as calculated by reference to statistics of imports     almost    exhausted  a   Member     State   should    draw    a
from third countries during a representative reference         further share , and so on as many times as the reserve
period and to the economic outlook for the quota               allows ; whereas    the   initial  and    additional    shares
period in question ;                                           should be valid until the end of the quota period ;
 ---pagebreak--- 28 . 1 . 75                         Official Journal of the European Communities                             No L 21 /3
whereas this form of administration requires close            States ; the shares, which subject to Article 6 shall be
collaboration between the Member States and the               valid until 31 December 1975 , shall be as follows :
Commission and the Commission must be in a posi­
tion to keep account of the extent to which the quotas                   Benelux                6 100 metric tons
have been used up and to inform the Member States                        Denmark                   20 metric tons
accordingly ;                                                            Germany               12 600 metric tons
                                                                         France                 3 700 metric tons
Whereas if at a given date in the quota period a                         Ireland                   20 metric tons
considerable quantity of a Member State's initial share                  Italy                  2 000 metric tons
remains unused it is essential that such State should                    United Kingdom         8 100 metric tons
return a significant proportion thereof to the reserve,
in order to prevent a part of a quota from remaining          2.       The second instalment of 1 960 metric tons shall
unused in one Member State while it could be used in          constitute a reserve .
others :
Whereas, since the Kingdom of Belgium, the                                              Article J
Kingdom of the Netherlands and the Grand Duchy of
Luxembourg are united within and jointly represented           1.      As soon as one of the Member States has used
by the Benelux Economic Union, any measure                    90 % or more of its initial share as fixed in Article
concerning the administration of the shares allocated
                                                              2 ( 1 ), or of that share minus any portion returned to
to that Economic Union may be carried out by any
one of its members,                                           the reserve pursuant to Article 5, it shall forthwith , by
                                                               notifying the Commission , draw a second share, to the
                                                              extent that the reserve so permits, equal to 10 % of its
                                                               initial share rounded up as necessary to the next
                                                              whole number.
HAS ADOPTED THIS REGULATION :
                                                               2.      As soon as one of the Member States , after
                         Article 1
                                                              exhausting its initial share, has used 90 % or more of
                                                              the second share drawn by it, that Member State shall
                                                               forthwith , in the manner and to the extent provided
1.     Until 31 December 1975 a tariff quota of 34 500        in paragraph 1 , draw a third share equal to 5 % of its
metric tons shall be opened within the Community in           initial share .
respect of ferro-chromium , containing not less than
4 % by weight of carbon , falling within subheading ex
73.02 E I of the Common Customs Tariff.                       3.       As soon as one of the Member States, after
                                                              exhausting its second share, has used 90 % or more of
                                                              the third share drawn by it, that Member State shall
2.     During this period the Member States shall be          forthwith and in accordance with the same conditions,
authorized within the 20 % limit of the quotas allo­          draw a fourth share equal to the third .
cated to them or which they levy on the reserve in
accordance with Articles 2 and 3 to charge against the         It shall continue in this fashion until the reserve is
said tariff quota, imports of ferro-chromium ,                exhausted .
containing a quantity of between 3 and 4 % by
weight of carbon .
                                                              4.       Notwithstanding paragraphs 1 to 3, a Member
3.     Imports of the product in question already             State may draw shares lower than those specified in
exempt from customs duties by virtue of another pref­         those paragraphs if there are grounds for believing
erential tariff arrangement are not chargeable against        that those specified may not be used in full . Any
this tariff quota.                                            Member State applying this paragraph shall inform
                                                              the Commission of its grounds for so doing.
4. The Common Customs Tariff duty on imports
within this quota shall be totally suspended .
                                                                                        Article 4
5.     New Member States shall apply duties on
imports within this quota calculated in accordance            Additional shares drawn pursuant to Article 3 shall be
with the relevant provisions of the Act of Accession .        valid until 31 December 1975 .
                         Article 2                                                      Article 5
1.     A first instalment of 32 540 tons of this Commu -      Any Member State which on 15 September 1975 has
nity tariff quota shall be allocated among the Member         not exhausted one of its initial shares shall not later
 ---pagebreak--- No L 21 /4                            Official Journal of the European Communities                            28 . 1 . 75
than   10  October      1975   return   to the   reserve   the   pursuant to Article 3 are opened in such a way that
unused portion in excess' of 20 % of the initial                 importations may be charged without interruption
amount. It may return a greater portion if there are             against their accumulated share of the tariff quota.
grounds for believing that such portion may not be
used in full .                                                   2 . The Member States shall ensure that importers
                                                                 of the product in question established in their territo­
Not later than 10 October 1975 the Member States                 ries have free access to the shares allocated to them .
shall notify the Commission of the total quantities of
the products in question imported up to and                      3 . The Member States shall charge imports of the
including 15 September 1975 and charged against the              product in question against their shares as and when
Community quotas and of any portion of their initial             the product is entered with the customs authorities for
                                                                 home use .
shares returned to the reserves .
                                                                 4.    The extent to which the Member States have
                           Article 6                             used up their shares shall be determined on the basis
                                                                 of the importations charged against their shares in
The Commission shall keep an account of the shares               accordance with paragraph 3 .
opened by the Member States pursuant to Articles 2
and 3 and shall , as soon as the information reaches it,
                                                                                         Article 8
inform each State of the extent to which the reserve
has been used up.                                                The Member States shall notify the Commission at
Not later than 15 October 1975 it shall inform the               regular intervals of the imports charged against their
Member     States    of   the   amounts    still  in   reserve   shares .
following any return of shares pursuant to Article 5.
                                                                                         Article 9
It shall ensure that when an amount exhausting the
reserve is drawn , the amount so drawn does not                  The Member States and the Commission shall coop­
exceed the balance available, and to this end shall              erate closely to ensure that this Regulation is
notify the amount of that balance to the Member State            complied with .
making the last drawing.
                                                                                        Article 10
                           Article 7
                                                                 This Regulation shall enter into force on the seventh
 1.   The Member States shall take all appropriate               day following its publication in the Official Journal
measures    to   ensure    that   additional   shares   drawn     of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 22 January 1975.
                                                                             For the Council
                                                                              The President
                                                                             G. FITZGERALD